Not exact matches
One
of the crucial
ethical questions that inevitably arises for
lawyers is this: what are a
lawyer's social responsibilities?
Ask any
lawyer who complains about a supposed decline in the
ethical tone
of the legal profession to name the beast, and the answer is apt to be «commercialization.»
MSU's OGC
lawyers may have violated their
ethical responsibilities under MRPC 4.4 by violating the privacy rights
of the young woman.
How would a
lawyer of 25 years who also is a SAN pretend not to know the
ethical implication
of offering financial help to a judge before whom he was defending a case?
Since when did it become the
ethical practice
of any responsible and respected
lawyer committed to the rule
of law, independence
of the judiciary, the independence
of the legal profession, constitutionalism and democracy to resort to the print and electronic media as the medium
of arguing an appeal or review
of the decision
of a Court
of law he has lost?
The film, the story
of a
lawyer's internal
ethical dilemma and consequences
of action also starred Colin Farrell, who was absent, despite having been present for The Killing
of a Sacred Deer earlier in the festival.
He's assisted by a longtime union friend (Bruce Greenwood) and
lawyer (Don Cheadle) for the airline, both
of whom compromise
ethical lines for their friend.
In this way we can develop compassion towards others which could be an
ethical guideline for future behavior
of actors such as consultants,
lawyers and bankers in financial markets while contributing to long term economic growth and prosperity.
Different
ethical matters take center stage at different times in this cycle, and this presentation will examine a few
of those issues, starting with issues
of competence and zealous representation as a young
lawyer, through the concerns with marketing and advertising as one's practice develops, and ending with some
of the common issues relating to closing down a practice.
As a result
of his having won their support, he was appointed in 1988 for a seven year term, which was renewed in 1995 and 2002, and then this year [2008] determined by them to be a permanent post because
of changes in employment law — an interpretation questioned on both legal and
ethical grounds by
lawyer and Stuckist artist, Leo Goatley, who has written to the Culture Minister to express his concerns.
«Mr Edmonds and Mr Groves deny any allegations
of wrongdoing,» their
lawyers said in a joint response to questions, telling Global Witness that they are «committed to ensuring that all their business is conducted in a responsible and
ethical manner».
Last week, the General Medical Council branded him as «a dishonest, irresponsible doctor,» accused him
of flouting the rules, taking money from ambulance - chaser
lawyers, having a financial interest in an alternative vaccine, breaking
ethical rules
of invasive tests on children and basing his entire study on only 11
of them.
With current
ethical principles as baselines, supplementary codes tailored to the dilemmas that come with representing or advising the State would clarify
ethical duties
of lawyers who are simultaneously public servants.
We believe an
ethical line is crossed when someone else writes almost all
of a
lawyer's blog posts under that
lawyer's name, because there's an audience expectation that the opinion and / or words belong to the listed author, not to someone else.
It is perhaps explicable that the 1970s CBA Code did not include an
ethical obligation
of Canadian
lawyers to uphold a mere, albeit important, evidentiary privilege.
These legal cloud providers have every incentive to demonstrate that their offerings meet the stated needs
of lawyers from a legal,
ethical, security and confidentiality standpoint.
Given the importance
of solicitor - client privilege and litigation privilege, few would likely doubt that Canadian
lawyers have an
ethical obligation to uphold these important privileges.
But in an exemplary case
of a timely
ethical screen, the firm was allowed to stay on the case this week despite its small size and close working relationships between its
lawyers.
In terms
of ethical issues, Richard says they are the same for real world
lawyering and eLawyering.
Lawyers need to be mindful
of the
ethical rules that apply and to ensure they are in compliance.
Every superhero needs a sidekick, and a specialized code
of ethics might accomplish just that in helping government
lawyers navigate
ethical dilemmas.
Alice Woolley has written thoughtfully about the questionable claims often contained in these letters and the important
ethical questions raised by the practice
of some «
lawyers sending out demand letters based on spurious claims in the hope
of extracting funds because
of the fear and ignorance
of those who receive them» (see, e.g., here, here and here).
As the use
of social media evidence at trial continues to grow, some courts are beginning to delve into the
ethical boundaries
of obtaining such evidence and even a
lawyer's
ethical obligations to provide competent representation.
As with any technology,
lawyers need to think about the interplay
of the Search app and their
ethical obligations.
Second,
lawyers who wish to be considered
ethical (again, presumably that's most
of us) should «take reasonable measures to protect a client's confidential information from inadvertent disclosure, unauthorized disclosure, and unauthorized access, regardless
of the medium used.»
This article was published in the April 2018 issue
of the ABA Journal with the title «Cloudy Ethics:
Lawyers have an
ethical duty to safeguard clients» confidential information — a task that's become more complicated as the cloud becomes more ubiquitous.»
There are reasons that people hire
lawyers to write these sorts
of ethics rules into company codes
of conduct: (1) companies realized placing the entire onus on the person who has suffered discrimination or harassment to personally prosecute their claims is absurd and good employees would seek out corporations that don't sanction such conduct; and (2) businesses understood that providing
ethical and social norms
of behavior could go some distance to preventing bad behavior.
The primary goal
of this talk is to inspire
lawyers to embrace technology — in particular cloud technology — not only to make their practices more efficient,
ethical and effective, but to deliver superior and differentiated service to their clients.
The professional anomalies
of government
lawyers justify the need for tailored
ethical obligations.
Of course, when
lawyers are involved with a protest,
ethical issues abound.
The sort
of lawyer a person is shapes the
ethical dilemmas she will face.
In my column this week at Above the Law, I discuss this evolving
ethical duty
of technology competence for
lawyers and what it means for a
lawyer to be competent in technology.
O'Marra said the requirement for a sufficient
ethical screen is not a complete lack
of interaction between the tainted
lawyer and other
lawyers working on the case, which would be impossible in a small law firm context.
Luckily — from the perspective
of people who like a bit
of convenience, even if they're not terribly concerned about data privacy — a string
of legal
ethical opinions, including Formal Opinion No. 99 - 413
of the American Bar Association and the Law Society
of BC's April 1998 opinion on the transmission
of confidential information over the internet, seemed to offer near - absolution to
lawyers from concern over unencrypted email.
Given the potential
ethical minefield and potential liability issues that could arise as a result
of payment
of referral fees, a far better course
of action may be to eschew referral fees entirely and take the approach taken by one
lawyer who says:
Although no state has found
ethical wrongdoing by Total Attorneys or by any
of the
lawyers who participate in it, all eyes were on Zelotes» home state
of Connecticut, where the chief disciplinary counsel found cause to file charges against five attorneys.
As I said in my prior post, the significance
of this relates back to the fact that
lawyers have an
ethical duty to exercise reasonable care when selecting a product or service that relates to confidential client matters.
This
ethical rule must be distinguished from the evidentiary rule
of solicitor and client privilege with respect to oral or documentary communications passing between the client and his
lawyer.
Posts take note
of laws related to computer - based crime, issues that arise with digital evidence in criminal cases, and how
lawyers and jurors can commit
ethical breaches through their use
of technology.
In their recent Law.com article,
Ethical Bounds
of Using Evidence From Social Networks, H. Christopher Boehning and Daniel J. Toal, provide a brief synopsis
of recent decisions discussing how
lawyers in certain jurisdictions may permissibly obtain information on social networking sites.
Cloud computing is a great example
of the difficulty
lawyers can have in using the tools available without running afoul
of ethical obligations.
Regardless
of how lucrative or fulfilling a side job can be,
lawyers are obligated to ensure what they're engaging in is also
ethical under the ABA Model Rules
of Professional Conduct and state ethics rules.
Lawyers, we're told, understand their
ethical obligations, and should not be barred from government work simply because they previously represented clients who kind
of hate the government.
Lawyers have
ethical obligations
of candour which require disclosure
of information relevant to their retainer and disclosure
of errors and omissions.
Look at all the other
ethical obligations
of lawyers that are set out in the Rules.
Video does a beautiful job
of conveying messages and information, but its use by
lawyers raises
ethical issues not directly addressed by most states» rules
of conduct.
I'm definitely not an immigration
lawyer and I won't even attempt to comment here on whether or not the can
of worms RBC has opened up with iGate is legal,
ethical, or good business practice.
In my continuing effort to track states that have adopted the
ethical duty
of technology competence for
lawyers, I have two more to add, one that adopted it recently and one that I missed from earlier this year:
It's not always easy to determine when a
lawyer's use
of social media sites like law blogs, LinkedIn, Twitter and Facebook to market and network violates a state's
ethical rules.
The opinion recites four considerations that would tend to establish an
ethical duty for a
lawyer to warn the client against using a business device or system for electronic communication: Where the client has already communicated by electronic means or has indicated an intention to do so; where the client is employed in a position that would provide access to a workplace device or system; given the circumstances, the employer or a third party has the ability to access the email communications and; that as far as the
lawyer knows, the employer's internal policy and the jurisdiction's laws do not clearly protect the privacy
of the employee's personal email communications via a business device or system.