Sentences with phrase «state bar opinions»

A number of state bar opinions indicate that the ethical obligation to client confidentiality survives the death of the client.

In the late 1990s, ABA Formal Opinion 99 - 413 and state bar opinions allowed lawyers to use unencrypted email «generally» or «in most instances.»

A technology that is acceptable for use with one client may be unreasonable to use for another client, based on factors such as those described in CA State Bar Opinion 2010 - 179.

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.

Not exact matches

The Business Law Section of the State Bar of California has also published various Opinion Reports.

State the editors, «Those who know and practice... truth must ever stand as guardians of what is essentially the Christian tradition, and call before the bar of human justice and public opinion those who traduce these truths of natural and special revelation.

Sen. Brad Hoylman of Manhattan has asked the state Committee on Open Government for a formal opinion on the Senate's adoption this week of chamber rules that bar the use of cellphones as recording devices — a prohibition that Hoylman strongly suspects is a violation of state Open Meetings Law.

But he said he's going to seek an advisory opinion from the state Bar Association concerning the board's rebuke of his vehicle and traffic ticket representation.

Walter C. Ayers, a spokesman for the New York State Ethics Commission, said he was barred by state law from discussing whether Mr. Pataki had sought the opinion of the commission before accepting the ride on Mr. Mack's pState Ethics Commission, said he was barred by state law from discussing whether Mr. Pataki had sought the opinion of the commission before accepting the ride on Mr. Mack's pstate law from discussing whether Mr. Pataki had sought the opinion of the commission before accepting the ride on Mr. Mack's plane.

There were also deals, or near deals, to bar campaign donations from those seeking state contracts, create a public campaign financing system for state Supreme Court judicial candidates, and require state lawmakers to seek a formal opinion on whether their outside income represents conflicts of interest.

However, DeMatio summed up the majority opinion here when he stated, «Although I love the way the Sportage looks and I like a lot about its interior, I'd have to say that its newer competitors have raised the bar.»

hello I filed a chapter 13 in December and the trustee stated that I could keep my refund, but I had a a prior year that I had not filed so I did so, and was told that my refund could be on hold until my 2009 prior yr was finished in the processing.my bars on wmr updated to refund approved today and gave me a ddd of 2/10/16 so in your opinion will I get it?

In my opinion, if they bar the door to insurers leaving, or not being allowed to non-renew policies, it is an unconstitutional «taking» by the state of Florida.

Many state bar associations have issued ethics opinions about lawyers using or recommending litigation financing companies.

The New York State Bar Association Committee on Professional Ethics reached a similar conclusion in Opinion 820-2/08 / 08, where it answered: «May a lawyer use an e-mail service provider that scans e-mails by computer for keywords and then sends or displays instantaneously (to the side of the e-mails in question) computer - generated advertisements to users of the service based on the e-mail communications?»

According to The State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion NO. 2012 - 186, posts by attorneys on social media websites are subject to professional responsibility rules governing attorney advertising if they constitute a «communication» within the meaning of rules.

During the past couple of years, bar associations in Philadelphia, Florida and New York State have rendered opinions against attorneys claiming expertise on LinkedIn in areas in which they haven't been certified.

In California, the State Bar Committee on Professional Responsibility and Conduct («COPRAC») issued Opinion 2012 - 184 on the operation of a Virtual Law Office («VLO»), which follows on Opinion 2010 - 179 on technology in law practice.

State Bar of Arizona Ethics Opinion 09 - 04: as a matter of legal competence under Rule 1.1, a lawyer must have competence in the skills reasonably necessary for representation, which includes technology.

The Oregon State Bar, and others, considered a slightly different issue on investigating individuals when it issued Opinion 2005 - 164 on accessing publicly - available websites.

Third - party opinions practice is a branch of business law perhaps best explained, for those who are unfamiliar with it, by this excerpt from the 2007 Report on Lawyers» Opinions in Business Transactions [PDF], by the Maryland State Bar Associatioopinions practice is a branch of business law perhaps best explained, for those who are unfamiliar with it, by this excerpt from the 2007 Report on Lawyers» Opinions in Business Transactions [PDF], by the Maryland State Bar AssociatioOpinions in Business Transactions [PDF], by the Maryland State Bar Association, Inc.:

Some bar associations have even withdrawn outdated opinions in light of other state bar associations» concerns about the effect of such a prohibition on the accessibility of legal services to pro se litigants.

Of course, when it comes to social media, Jacobowitz offered advice that doesn't require review of state bar ethics opinions.

See Association of the Bar of the City of New York, Formal Opinion 2001 - 1 (concluding that information submitted by e-mail to a law firm via the firm's website was unsolicited; simply including an e-mail link on a law firm's website does not amount to an invitation to transmit confidential information); Iowa State Bar Association Op. 07 - 02 (evaluated whether the lawyer said or did anything to prompt the potential client to provide confidential information to the lawyer, noting that a lawyer's «request to contact» is not the same as a request for information); Massachusetts Bar Association Op. 07 - 01 (concluding that a website is a marketing tool by which a prospective client may identify which lawyers have the expertise necessary to handle a particular case, and that the publication of such information could reasonably lead a prospective client to conclude that, when sending information to the firm via an e-mail link, the firm and its lawyers have implicitly «agreed to consider» whether to form an attorney - client relationship.

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.

The NYSBA Mobile Ethics App includes the state bar's catalog of more than 900 legal ethics opinions, dating back to 1964.

A State Bar of California ethics opinion recently extended that duty to include competence in e-discovery.

Some state bars, such as the North Carolina State Bar, have specifically published ethics opinions permitting virtual law practices and encouraging the practice of providing unbundled legal services onstate bars, such as the North Carolina State Bar, have specifically published ethics opinions permitting virtual law practices and encouraging the practice of providing unbundled legal services onState Bar, have specifically published ethics opinions permitting virtual law practices and encouraging the practice of providing unbundled legal services online.

The New York State Bar Association's Committee on Professional Ethics, considered these issues in an opinion issued earlier this year.

And New York State Bar Association Ethics Opinion 1132 (2017) finds Avvo Answers and similar sites to constitute unethical fee splitting, as did a 2016 advisory opinion from the South CaroliOpinion 1132 (2017) finds Avvo Answers and similar sites to constitute unethical fee splitting, as did a 2016 advisory opinion from the South Caroliopinion from the South Carolina Bar.

There has been much debate about the recent New Jersey opinion related to that state bar's «bona fide office» rule.

As usual, it is always a good idea to review your state bar rules, but the ABA opinion outlines the basic ethics considerations you should be aware of when hiring virtual workers or outsourced serviced provider:

Mr. McCardell served as a member of the Local Rules Committee, U.S. Bankruptcy Appellate Panel of the Tenth Circuit and as a member of the Utah State Bar Ethics Advisory Opinion Committee from 1995 - 2004, and as its Chair from 2003 - 2004.

(New York State Bar Association's Committee on Professional Ethics Opinion 820-2/08 / 08).

In deciding Kennedy v. Louisiana, holding that the Constitution bars the death penalty for child rape, Justice Anthony M. Kennedy's 5 - 4 majority opinion relied heavily on a survey of state and federal law.

I have been on an ABA ethics committee and a state bar ethics committee, and I have helped write the ethics rules and opinions.

As a result, the Utah State Bar Ethics Advisory Committee issued an opinion in November 2011 specifically stating that «a lawyer who encourages or participates in a law student's violation of the student's contractual obligation to the electronic research service violates the Rules of Professional Conduct.»

The Supreme Court issued three opinions today, upholding a Republican - engineered Congressional redistricting plan in Texas (League of United Latin American Citizens v. Perry), upholding a Pennsylvania ban on newspapers and magazines for prison inmates (Beard v. Banks) and ruling that states may bar foreign nationals from raising treaty rights not raised at trial (Sanchez - Llamas v. Oregon).

Did a state bar just issue an ethics opinion worth perusing?

While I am sympathetic to the need of these organizations to raise money for operation, in my humble opinion, the first priority of bar associations ought to be aiding the profession, including attorneys from other states.

State Bar of Arizona, Opinion No. 09 - 04, «Confidentiality; Maintaining Client Files; Electronic Storage; Internet» (Formal Opinion of the Committee on the Rules of Professional Conduct)(December 2009).

For example, the Arizona State Bar published an opinion about the effect of Rule 1.2 (d) on a lawyer's ability to advise clients regarding activity that is permissible Arizona's Medical Marijuana Act, «despite the fact that such conduct potentially may violate applicable federal law».

An early ethics opinion on this subject, State Bar of Arizona, Opinion No. 05 - 04, «Formal Opinion of the Committee on the Rules of Professional Conduct» (July 2005), provides a well - reasoned explanation of these duties for electronic files and communicopinion on this subject, State Bar of Arizona, Opinion No. 05 - 04, «Formal Opinion of the Committee on the Rules of Professional Conduct» (July 2005), provides a well - reasoned explanation of these duties for electronic files and communicOpinion No. 05 - 04, «Formal Opinion of the Committee on the Rules of Professional Conduct» (July 2005), provides a well - reasoned explanation of these duties for electronic files and communicOpinion of the Committee on the Rules of Professional Conduct» (July 2005), provides a well - reasoned explanation of these duties for electronic files and communications.

The Model Rules serve as outer limits of regulations and restrictions on attorney advertising but leave specific restrictions to the regulation of state bar associations, whose opinions on the matter vastly differ.

Additional examples of opinions covering cloud services are Pennsylvania Bar Association, Committee on Legal Ethics and Professional Responsibility, Formal Opinion 2011 - 200, «Ethical Obligations for Attorneys Using Cloud Computing / Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property» (November, 2011) and North Carolina State Bar 2011 Formal Ethics Opinion 6, «Subscribing to Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property» (January, 2012).

I recently wrote about a new Washington State Bar ethics opinion at the Daily Record.

«The State of Fair use in Academia After the 11th Circuit's Opinion in the Georgia State Copyright Case,» Boston Bar Association (2014)

On Friday, Virginia State Bar's Standing Committee on Legal Ethics voted to send Legal Ethics Opinion 1885 to the Supreme Court for adoption.

Recently, a State Bar of California ethics opinion extended that duty of technology competence to e-discovery.

One 2012 opinion recognized, but seemingly ignored, the no - citation rule, stating «[w] e are aware of the legal rule barring citation to or reliance upon a depublished California case.