IRPC 1.6 (e) states «A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or
unauthorized access to information relating to the representation of a client.»
Not exact matches
By creating an account, you agree
to (a) provide accurate, current and complete account
information, (b) maintain and promptly update from time
to time as necessary your account
information, (c) maintain the security of your password and accept all risks of
unauthorized access to your account and the
information you provide
to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches
related to the Sites or your account.
You agree
to defend, indemnify, and hold harmless the Action Network Group and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and / or costs (including, but not limited
to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or
related to: (i) your use of the Site, including, but not limited
to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited
to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person
accessing the Site, including, but not limited
to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any
unauthorized use of password protected Materials or User Content utilizing your account
information, whether or not known or authorized by you.
You expressly acknowledge and agree that the National Education Union shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited
to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the National Education Union has been advised of the possibility of such damages), resulting from: (i) the use or the inability
to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data,
information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii)
unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter
relating to the service.
LIMITATION OF LIABILITY You assume the sole risk of transmitting your
information as it
relates to the use of this Website, and for any data corruptions, intentional interceptions, intrusions or
unauthorized access to information, or of any delays, interruptions
to or failures preventing the use this website.
A lawyer should understand how their firm's electronic communications are created, where client data resides, and what avenues exist
to access that
information, so that the lawyer can better manage the risk of inadvertent or
unauthorized disclosure of client -
related information.
A lawyer generally may transmit
information relating to the representation of a client over the Internet without violating the Model Rules of Professional Conduct where the lawyer has undertaken reasonable efforts
to prevent inadvertent or
unauthorized access.
A lawyer shall make reasonable efforts
to prevent the inadvertent or
unauthorized disclosure of, or
unauthorized access to,
information relating to the representation of a client.
Comment 18 in part (
relating to safeguarding
information):
unauthorized access... does not constitute a violation of paragraph (c) if the lawyer has made reasonable efforts
to prevent the
access or disclosure.
The changes were based on the American Bar Association's modifications
to the Comments of Rule 1.1 respecting Competence (``... a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with technology...») and Rule 1.6 respecting Confidentiality («(c) A lawyer shall make reasonable efforts
to prevent the unintended disclosure of, or
unauthorized access to,
information relating to the representation of a client.»)
The
unauthorized access to, or the inadvertent or
unauthorized disclosure of,
information relating to the representation of a client does not constitute a violation of paragraph (c) if the lawyer has made reasonable efforts
to prevent the
access or disclosure.
How can you «make reasonable efforts
to prevent the inadvertent or
unauthorized disclosure of, or
unauthorized access to,
information relating to the representation of a client» (Rule 1.6 (c)-RRB- if you don't even know when your clients»
information is in a web - based service?
For example, a service provider may establish control objectives in respect of its business that
relate to its procedures
to ensure the confidentiality of
information, the effectiveness of its change control procedures or its facilities being protected against
unauthorized access.
This includes assisting clients with matters
related to the
unauthorized access, use or disclosure of health, financial, or personally identifiable
information.
You agree
to: (A) take reasonable measures
to maintain the security of your user identification, password and other
information relating to your Account; (B) refrain from sharing your Account password or from allowing
access to your Account by any third party; (C) be solely responsible for the security, confidentiality, legality and integrity of all messages and content that you receive, transmit or store using the Gigaom Account; (D) be responsible for all charges resulting from use of your Account, including
unauthorized use prior
to your notifying Gigaom in writing of such use and taking steps
to prevent its further occurrence, including by changing your password; (E) comply with the terms and conditions set forth herein; and (F) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of Gigaom.
You agree
to (a) provide accurate, truthful, current and complete
information when creating an account; (b) maintain and promptly update your account
information; (c) maintain the security of your account by not sharing your password with others and restricting
access to your account and your computer or mobile device; (d) promptly notify Digital Trends if you discover or otherwise suspect any security breaches
related to the Services; and (e) take responsibility for all activities that occur under your account and accept all risks of
unauthorized access.