"Ethics opinions" refers to professional judgments or guidance on what is morally right or acceptable behavior in a specific field or profession. It provides advice or recommendations on how individuals in that field should handle ethical dilemmas or situations. Think of it as a set of guidelines to help people make morally sound decisions in their work.
Full definition
Many state bar associations have
issued ethics opinions about lawyers using or recommending litigation financing companies.
A new
ABA ethics opinion looks at how lawyers can advise their clients to speak directly to the opposing party in order to keep negotiations moving.
As part of process of establish
new ethics opinions and rules, ethics committees typically hold hearings or publish proposed opinions for comment, seeking input from practicing attorneys.
The author writes about newly
released ethics opinions, revisions to rules of professional conduct and about representing lawyers facing ethics cases.
These obligations have been set out in case law, as well
as ethics opinions governing the conduct of lawyers.
The Program provides them with information about professional responsibility law, legal precedent, bar
association ethics opinions, law review articles and practical guidelines.
That being said, I do think that, as far as
ethics opinions go, there is a solid chunk of good, practical detail that is addressed.
This is because experts, and often
official ethics opinions, generally agree that reasonable efforts are about process more so than a particular technology or practice.
Regardless
which ethics opinion your state uses as a guide, they all agree that you need to at least know what social media is.
At least 21 state and four local (county and city) bar associations have
issued ethics opinions that directly address working with freelance lawyers; some have issued multiple opinions.
Thankfully, a recent
ABA ethics opinion (PDF) now offers some guidance regarding the type of activities sellers can perform.
As a recent
California ethics opinion stated, «In today's technological world, almost every litigation matter potentially» involved e-discovery.
To date, Avvo Legal Services, which connects consumers to attorneys for a flat fee and takes a portion for advertising, has been knocked by at least five
state ethics opinions saying that lawyers who engage with the platform are running afoul of rules regarding fee - sharing with nonlawyers and the unlicensed practice of law.
But when using LinkedIn's built - in tools, be aware of a very
recent ethics opinion issued by the District of Columbia Bar regarding the ethical issues presented when you allow LinkedIn to connect to your email account.
(The North Carolina State Bar, for example, recently released a proposed formal
ethics opinion regarding the use of SaaS in a law office, accompanied by a list of 23 questions for its members to consider and ask of SaaS providers before choosing one).
3) Inaccuracy: The County Executive
sought ethics opinions about Legislator Ed Romaine and Chief Deputy Paul Sabatino for political reasons.
(At least three
ethics opinions banned cellphones for communicating with clients.1 None of these opinions contemplate the storage or accessing of large volumes of data with a smartphone.
Many states have also imposed rules requiring maintaining records for six years after representation ceases, or have
published ethics opinions requiring retention and safekeeping.
Many state and local bar associations have issued
ethics opinions requiring disclosure under some circumstances, and others mandate disclosure under all circumstances.
These Bar Associations depend on required fees to regulate the profession, to
write ethics opinions, to investigate violations of the rules.
The North Carolina State Bar recently published for comment a proposed legal
ethics opinion approving lawyers» use of cloud computing and Software - as - a-Service.
And, let me tell you: message boards, chat rooms — they have been proxy harbingers of disasters lurking in
ethics opinions since at least the mid-90s.
According to Newsday, the Grand Jury commented on my asking
for ethics opinions on the actions of Legislator Ed Romaine and former Chief Deputy County Executive Paul Sabatino.
He analogizes this form of anonymous data collection to the circumstances discussed in a New York State Bar Association
ethics opinion involving the use of email services such as Gmail that scan email to generate advertising.
Lately the Florida State Bar published a proposed
advisory ethics opinion to the effect that lawyers have an obligation to ensure that confidential data — personal information but also client data generally — must be effectively erased from any storage medium before that medium is disposed of.
It so happens that the American Bar Association website has recently updated its list of
professional ethics opinions from around the United States concerning the handling of metadata:
A few state bars have issued
ethics opinions explicitly affirming your right to go virtual, but more states retain the «bona fide office» rule, which says you have to have an actual physical office in order to practice in the state.
The NC State Bar opinion is one of the
first ethics opinions in North America to explicitly deal with the ethical issues relating to cloud computing.
The record reveals that Judge Bamberger, before accepting this position
obtained ethics opinions from two lawyers which suggested that it was not an ethical violation for Bamberger to serve as a board member.