Today, the cloud is generally accepted in the legal industry: 20 U.S. states have
issued ethics opinions that permit cloud computing.
Many state bar associations have
issued ethics opinions about lawyers using or recommending litigation financing companies.
The ABA
issued an ethics opinion saying that if there was a significant risk a third party might gain access to your client's email communications, you have a duty to warn your client about that risk.
At the same time, I find it ironic that while the ABA opposes mandatory retirement programs, it has also
issued an ethics opinion holding that law firms can ethically make retirement benefits contingent on a lawyer's agreement to sign a non-compete clause (as a general rule, law firms can not bind lawyers to non-compete agreements because to do so would violate the client's unfettered right to a lawyer of his or her choosing).
Did a state bar just
issue an ethics opinion worth perusing?
The practice of
issuing ethics opinions has been subject to some criticism in the United States.
Not exact matches
My «
opinion» is, like any other
issues of
ethics or morality, which some will «pidgeon - hole» this topic into, is....
He rightly notes the the impact of the media, especially television, in shaping
opinion on the
issue of sexual
ethics, and yet he reveals more than he realizes when he declares:
Formal advisory
opinions are required to be made public, though the 2011 law that created the
ethics watchdog panel prevents it from releasing informal advisory
opinions, which are
issued by JCOPE's staff.
Faith McLellan, a medical writer who is editor - in - chief of Second
Opinion and who co-edited the recently released Ethical
Issues in Biomedical Publication with Jones, informed the audience of the
ethics and pitfalls of publishing in the electronic media.
Be the product oil, automobiles, pharmaceuticals, or stem cells, there will be
issues of pollution, safety, pricing excess, and
ethics that will be decided more by the maximization of profit than by good science, open communication, and popular
opinion.
As such, most devs paying attention haven't been voicing much — or any —
opinions on the game journalism
ethics issues that are supposedly threatening our industry.
Some of the gaps in Chapter 3 on ethical
issues raised by climate change policy - making include: (1)
ethics of decision - making in the face of scientific uncertainty, (2) whether action or non-action of other nations affects a nation's responsibility for climate change, (3) how to spend limited funds on climate change adaptation, (4) when politicians may rely on their own uninformed
opinion about climate change science, and (5) who is responsible to for climate refugees and what are their responsibilities.
This is not the same thing holding an
opinion on the behaviour /
ethics / quality of peer review / etc, though of course I do have a views on those
issues, along with evidence to substantiate them.
The New York Bar
ethics opinion raised the
issue of client confidentiality and letting a third party exercise control of a case.
Meanwhile, Brownstone remains cognizant of judicial
ethics and is careful not to express
opinions on the
issues he and his guests discuss.
A few years ago, the ABA
issued a formal
ethics opinion stating that if there is a significant risk that a third party might gain access to the email, attorneys have to warn clients about that risk.
California's COPRAC
issues advisory
opinions on real and hypothetical questions of attorney
ethics.
At least some of the
ethics opinions that have so far addressed this
issue indicate that part of the vetting process should include the provider's viability as a company.
This article, aimed at judges, looks at
issues of the style and substance of judicial
opinion writing through the lens of judicial
ethics.
When one takes a step back from the Philly
opinion and looks at it in the context of the larger legal
issue, it becomes clearer that while it is certainly possible for a lawyer to violate an
ethics rule while using social media, it is the lawyer's conduct, not the medium, that will likely be at the heart of the
issue.
In California, that post would violate the Rules of Professional Conduct, according to a recent
ethics opinion issued by the -LSB-...]
There was a difficult legal
issue of retrospectivity and we had been given only a 50/50
opinion of success when we started, so I constantly wondered about the
ethics of what the case was putting the women through and whether we should advise them to stop.
To add to jimsung's detailed response, some U.S. state
ethics panels have
issued opinions regarding the usage of the title «doctor.»
In Virginia, a draft
ethics opinion issued earlier this year concluded that a lawyer's participation in a Web site similar to Total Attorneys would violate that state's
ethics rules.
Notably, the site includes the full text of all 423
ethics opinions and all 62 unauthorized practice
opinions issued by the Kentucky Bar Association since 1962.
«Outsourcing can reduce client costs and enable small firms to provide labor intensive services such as large, discovery intense litigation, even though the firms might not maintain sufficient ongoing staff to handle the work, according to a new
ethics opinion issued today.»
It seems that the
issue arised in California because we have a fresh
opinion from their
ethics committee where they confirm what we all knew: should a client ask for his file, he has the right to get everything in electronic format...
In August, a South Carolina Bar
ethics panel
issued an
opinion concluding that Avvo Legal Services (or at least something that sure sounded like it) violates the prohibition of sharing fees with a non-lawyer.
Why not use
ethics opinions to help lawyers navigate technological
issues?
New York lawyers may ethically contract with overseas nonlawyers to perform legal support services such as legal research, document review and drafting of pleadings or legal memoranda, according to a recent
ethics opinion issued by the Association of the Bar of the City of New York.
A number of state
ethics opinions have addressed professional responsibility
issues related to attorneys» use of various technologies.
In addition to
issues of quality, Bruce Green has noted that
ethics opinions have also come under criticism for dealing with «trivial subjects» and for lacking persuasive value with courts (with respect to this later point, however, Green notes that there is some disagreement in the literature as to whether this is actually true).
Last month, the South Carolina Bar
issued an advisory
ethics opinion that, while it didn't name Avvo, squarely took aim at its new Avvo Legal Services, referring to «[a] n attorney directory website [that] released a new fixed - fee legal referral service.»
The nature of such
opinions varies between jurisdictions, but, in general,
ethics opinions are advisory
opinions issued by regulators about specific
issues that lawyers may face in practice.
Eight advisory
opinions were
issued, and the staff authored three
ethics guides on the subjects of succession planning for lawyers and law firms, the ethical obligations of lawyers who are changing law firms, and considerations for lawyers who are leaving the practice of law to take judicial office.
Formal
Opinion 477,
issued in May, requires lawyers to make a reasonable effort to secure client communication — or be in breach of legal
ethics.
In addition to the recent ABA
Ethics Opinion taking a generally pro-social-media tone, two new judicial
ethics advisory
opinions have been
issued for federal and state judges.
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.
In the absence of a formal
ethics opinion, lawyers in Louisiana will need to rely on the Rules of Professional Conduct (PDF),
issued by the Louisiana Supreme Court.
In April 2018, the Indiana Supreme Court Disciplinary Commission
issued an advisory
opinion finding that Avvo Advisor's lawyer - referral service and its «marketing fee» for that service violates «several Indiana
ethics...
www.ija.org Contains
ethics advisory
opinions issued since 1993 concerning the Judicial Code
www.abanet.org/cpr Provides resources in legal
ethics including the ABA Model Rules of Professional Conduct and headnote summaries of recent formal
ethics opinions issued by the ABA.
www.illinoisbar.org For ISBA Members Only - Searchable database of
ethics advisory
opinions issued by the Illinois State Bar Association (1984 — present)
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.
This article will cover the legal
ethics opinions issued so far and give you tips on how to avoid exposing confidential information unintentionally via metadata.»
Together they provide an unparalleled combination of extensive experience providing conflicts of interest legal
opinions, representing government clients in Commission investigations, representing clients in public hearings before the Commission and litigating
ethics issues in both trial and appellate courts.
At OLPR, Eric investigated and prosecuted allegations of attorneys» violations of the Rules of Professional Conduct, provided hundreds of advisory
opinions to Minnesota lawyers, supervised the Trust Account Overdraft Notification Program, wrote articles for Minnesota Lawyer, and presented numerous seminars on
ethics issues.
Thus, the safest route (particularly if you practice in a state that hasn't yet
issued a governing
ethics opinion) is to disclose, and obtain the client's consent to, your use of a freelance lawyer.
Check out Tyler Maulsby's summaries of two
ethics opinions issued in January and February 2015.