The End of Mandatory State Bars?
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Cal 2004-165
THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2004-165 ISSUE: 1. What are the ethical responsibilities of a member of the California State Bar who uses outside contract lawyers to make appearances on behalf of the member’s clients? 2. What are the ethical responsibilities of the outside contract lawyer who makes the appearances? DIGEST: 1. To comply with his or her ethical responsibilities, a member of the California State Bar who uses an outside contract lawyer to make appearances on behalf of the member’s client must disclose to his client the fact of the arrangement between the member and the outside lawyer when the use of the outside lawyer constitutes a significant development in the matter. Whether the use of the outside lawyer constitutes a significant development will depend upon the circumstances in each situation. If, at the outset of the engagement, the member anticipates using outside lawyers to make appearances on behalf of the member’s client, the member should address the issue in the written fee agreement with the client. If the member charges the outside lawyer’s fees and costs to the client as a disbursement, the member must state the client’s obligations for those charges in the written fee agreement. In addition, the member remains responsible to the client, which includes responsibility for competently supervising the outside lawyer. Finally, the member must comply with the ethical rules concerning competence, confidentiality, advertising, and conflicts of interest that apply to his or her role in any such arrangement. -
OPINION 2010-6 DIGEST: Vermont Attorneys
OPINION 2010-6 DIGEST: Vermont attorneys can utilize Software as a Service in connection with confidential client information, property, and communications, including for storage, processing, transmission, and calendaring of such materials, as long as they take reasonable precautions to protect the confidentiality of and to ensure access to these materials. QUESTIONS PRESENTED The Vermont Bar Association Professional Responsibility Section has been asked to address the propriety of use by attorneys and law firms of Software as a Service (“SaaS”) which is also known as Cloud Computing. Subsidiary questions include whether client documents and information can be remotely stored and backed up using SaaS systems; whether there is any subset of client property that cannot be stored using SaaS; whether lawyers can use SaaS and web-based email and calendaring systems; and whether use of remote document synchronization systems is permissible. RELEVANT RULES Rule 1.6. Confidentiality of Information (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent . Comments to Rule 1.6: Acting Competently to Preserve Confidentiality [16] A lawyer must act competently to safeguard information relating to the representation of a client against inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer’s supervision. [17] When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions to prevent the information from coming into the hands of unintended recipients. This duty, however, does not require that the lawyer use special security measures if the method of communication affords a reasonable expectation of privacy. -
The Journal Board of Editors the Kansas Bar Association Is Dedicated to Advancing the Professionalism and Legal Michael T
THE OURNAL of the Kansas Bar Association J June 2007 • Volume 76 • No. 6 New Horizons: Kansas Adopts Ethics 2000 Changes KBF & KBA reach residentsPage – 6 out to Greensburg area THE OURNAL of the Kansas Bar Association JJune 2007 • Volume 76 • No. 6 ITEMS OF INTEREST 5 My Home Town — Our Home REGULAR FEATURES State 4 President’s Message 13 Law Student’s Corner 7 Welcome Spring 2007 14 Tech Tips Admittees to the Kansas Bar 15 Members in the News 15 Jest Is For All 16 9 Johnson County Judge Obituaries 31 Appointed to Court of Appeals Appellate Decisions 35 Appellate Practice Reminders 6 “When Tragedy Strikes, the 41 Classifieds World Suddenly Becomes 10 IOLTA Grant Spotlights on 43 CLE Docket Very Small” Topeka Youth Court, Heart to The KBF and KBA Reach out Heart, Kansas Legal Services, to Greensburg Area Residents and SAFEHOME Cover photo by David Gilham, KBA staff 10 IOLTA Honor Roll Banks 11 Career Day Students — Unpaid AOL Job Coaches Customers 12 One of the Best Trial Lawyers to Practice in Kansas see Page 41 for 20 New Horizons: Kansas Important Adopts Ethics 2000 18 Hey Man, You Got a Match? Changes The Employment Eligibility Information By J. Nick Badgerow Verification and Anti-Identity Theft Act Our Mission: The Journal Board of Editors The Kansas Bar Association is dedicated to advancing the professionalism and legal Michael T. Jilka Overland Park skills of lawyers, providing services to its members, serving the community through Assistant Executive Director: Casey Law McPherson advocacy of public policy issues, encouraging public understanding of the law, and René Eichem Michelle Reinert Mahieu Dodge City promoting the effective administration of our system of justice. -
The State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion Interim No
THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION INTERIM NO. 08-0002 ISSUES: Does an attorney violate the duties of confidentiality and competence he or she owes to a client by using technology to transmit or store confidential client information when the technology may be susceptible to unauthorized access by third parties? DIGEST: Whether an attorney violates his or her duties of confidentiality and competence when using technology to transmit or store confidential client information will depend on the particular technology being used and the circumstances surrounding such use. Before using a particular technology in the course of representing a client, an attorney must take appropriate steps to evaluate: 1) the level of security attendant to the use of that technology, including whether reasonable precautions may be taken when using the technology to increase the level of security; 2) the legal ramifications to a third party who intercepts, accesses or exceeds authorized use of the electronic information; 3) the degree of sensitivity of the information; 4) the possible impact on the client of an inadvertent disclosure of privileged or confidential information or work product; 5) the urgency of the situation; and 6) the client‟s instructions and circumstances, such as access by others to the client‟s devices and communications. AUTHORITIES INTERPRETED: Rule 3-100 of the Rules of Professional Conduct of the State Bar of California. Rule 3-110 of the Rules of Professional Conduct of the State Bar of California. California Business and Professions Code section 6068, subdivision (e)(1). STATEMENT OF FACTS Attorney is an associate at a law firm that provides a laptop computer for his use on client and firm matters and which includes software necessary to his practice. -
The Regulation of Lawyer Referral Services: a Preliminary State-By-State Review
THE REGULATION OF LAWYER REFERRAL SERVICES: A PRELIMINARY STATE-BY-STATE REVIEW Prepared by the American Bar Association Standing Committee on Lawyer Referral and Information Service I. Overview Lawyer Referral Service (LRS) programs across the country provide an efficient mechanism for providing attorneys with direct referrals of potential clients, while also providing access to legal services to typically middle-class Americans who may otherwise lack the knowledge or information necessary to independently seek out counsel. Every state has developed regulatory schemes defining these programs and the parameters for attorney involvement, and in some cases even dictating the operation of LRS programs themselves. A review of the LRS rules in all fifty states undertaken by the ABA Standing Committee on Lawyer Referral and Information Service reveals a broad continuum of regulation of LRS programs across the country. This report summarizes the preliminary findings of this review, with further research ongoing. II. Analysis of State LRS Regulatory Schemes There is a wide variation among the states in the manner in which LRS programs are regulated. The predominant approach involves defining the conditions under which lawyers may participate in LRS programs through court rule; specifically, rules of professional conduct. But there are also states that have court rules defining how LRS programs are to be operated (including two states that engage in regulation via statute in addition to court rule), and the applicability of LRS regulatory approaches are controlled, in part, on how states define “lawyer referral service,” and these definitions often vary. A. The Basis and Focus of LRS Regulation The approaches undertaken by the states in regulating LRS programs may be easily divided into two distinct areas of focus: a focus on regulation of attorney participation in LRS programs, and a focus on regulation of LRS programs themselves. -
Volume 33 No. 6 Nov/Dec 2020 Partner up with POWER Is Your Firm Concerned About Expenses in This Current Economic Cycle?
Utah Bar® JOURNAL Volume 33 No. 6 Nov/Dec 2020 Partner Up With POWER Is your firm concerned about expenses in this current economic cycle? Concerned insurance carriers or corporate defendants will try to “lowball” or stall your contingency cases? In need of an aggressive team to get top value for your clients and get it done without more delays? Eisenberg, Cutt, Kendell & Olson are here to help you. Our full-time business is working with lawyers and firms to co-counsel larger contingency fee injury, tort and insurance cases. We have the staff and financial resources to aggressively prosecute cases even in the hardest economic times. We can do it all or work side by side with you. If needed, we can also help with case expenses and costs. We’d like to talk to you about getting the most for your cases. 801.366.9100 | www.eckolaw.com The Utah Bar Journal Published by the Utah State Bar | 645 South 200 East, Salt Lake City, Utah 84111 | 801-531-9077 | www.utahbar.org BAR JOURNAL EDITORIAL BOARD Editor-in-Chief Utah Law Developments Editor Editor at Large Alisha Giles LaShel Shaw Todd Zagorec Managing Editor Judicial Advisor Young Lawyer Representative Andrea Valenti Arthur Judge Gregory K. Orme Alex Sandvik Articles Editors Copy Editors Paralegal Representative LaShel Shaw Hal Armstrong Greg Wayment Victoria Luman Paul Justensen Jacqueline Carlton Bar Staff Liaison Editors Emeritus Christine Critchley Departments Editor William D. Holyoak Ryan Beckstrom Judge Catherine E. Roberts (Ret.) Advertising/Design Manager Laniece Roberts MISSION & VISION OF THE BAR: The lawyers of the Utah State Bar serve the public and legal profession with excellence, civility, and integrity. -
Finding Aid for the John C. Satterfield/American Bar Association Collection (MUM00685)
University of Mississippi eGrove Archives & Special Collections: Finding Aids Library November 2020 Finding Aid for the John C. Satterfield/American Bar Association Collection (MUM00685) Follow this and additional works at: https://egrove.olemiss.edu/finding_aids Recommended Citation John C. Satterfield/American Bar Association Collection (MUM00685). The Department of Archives and Special Collections, J.D. Williams Library, The University of Mississippi. This Finding Aid is brought to you for free and open access by the Library at eGrove. It has been accepted for inclusion in Archives & Special Collections: Finding Aids by an authorized administrator of eGrove. For more information, please contact [email protected]. University of Mississippi Libraries Finding-Aid for the John C. Satterfield/American Bar Association Collection MUM00685 TABLE OF CONTENTS ACCESS RESTRICTIONS Summary Information Open for research. This collection is stored at an off-site facility. Researchers interested in using this collection Biographical Note must contact Archives and Special Collections at least two business days in advance of their planned visit. Scope Note Administrative Information Return to Table of Contents » Related Materials Access Restrictions SUMMARY INFORMATION Biographical Sources Collection Inventory Repository University of Mississippi Libraries Title John C. Satterfield/American Bar Association Collection Date 1928-1974 1958-1970. Extent 25.0 Linear feet General Physical Description note 51 boxes & one oil portrait (78 linear feet). Location note Library Annex Abstract The John C. Satterfield Collection contains files related to Satterfield's involvement in the American Bar Association which he presided over from 1961-1962. The papers also include speeches and case files associated with his representation of Mississippi Governor Ross Barnett during the 1962 University of Mississippi integration crisis as well as consolidated cases of public school boards across Mississippi and the South seeking to delay desegregation. -
Bostonbarjournala Publication of the Boston Bar Association
FALL 2009 BostonBarJournalA Publication of the Boston Bar Association Timely Justice Threatened by Fiscal Challenges A Move to Streamline the Civil Justice System Crawford Comes to the Lab: Melendez-Diaz and the Scope of the Confrontation Clause Residual Class Action Funds: Supreme Court Identifies IOLTA as Appropriate Beneficiary Challenges and Opportunities for New Lawyers Maintaining Client Confidences: Developments at the Supreme Judicial Court and First Circuit in 2009 If Pro Bono is Not an Option, Consider Volunteering GROW YOUR 401(k) WISELY Six things you won’t hear from other 401(k) providers... We were created as a not-for-profit 1. entity, and we exist to provide a benefit We leverage the buying power of the 2. ABA to eliminate firm expenses and minimize participant expenses Our fiduciary tools help you manage 3. your liabilities and save valuable time Our investment menu has three tiers to 4. provide options for any type of investor, and our average expense is well below the industry average for mutual funds We eliminated commissions, which erode 5. your savings, by eliminating brokers We have benefit relationships with 29 6. state bar and 2 national legal associations.* LEARN HOW No other provider has more than one. YOU CAN * Alabama State Bar Illinois State Bar Association State Bar of Nevada Rhode Island Bar Association GROW YOUR State Bar of Arizona Indiana State Bar Association New Hampshire Bar Association State Bar of Texas Arkansas Bar Association Iowa State Bar Association State Bar of New Mexico Vermont Bar Association -
Paralegal Regulation by State
Paralegal Regulation by State Updated October 2019 NFPA Regulation Review Committee Tom Stephenson, ILAP; Coordinator 2 Table of Contents Table of Contents ........................................................................................................................................ 2 Regulation by State ..................................................................................................................................... 3 Alabama ................................................................................................................................................................3 Alaska ....................................................................................................................................................................3 Arizona ..................................................................................................................................................................4 Arkansas ................................................................................................................................................................4 California ...............................................................................................................................................................5 Colorado ................................................................................................................................................................6 Connecticut ...........................................................................................................................................................8 -
Bostonbarjournala Publication of the Boston Bar Association
FALL 2009 BostonBarJournalA Publication of the Boston Bar Association Timely Justice Threatened by Fiscal Challenges A Move to Streamline the Civil Justice System Crawford Comes to the Lab: Melendez-Diaz and the Scope of the Confrontation Clause Residual Class Action Funds: Supreme Court Identifies IOLTA as Appropriate Beneficiary Challenges and Opportunities for New Lawyers Maintaining Client Confidences: Developments at the Supreme Judicial Court and First Circuit in 2009 If Pro Bono is Not an Option, Consider Volunteering GROW YOUR 401(k) WISELY Six things you won’t hear from other 401(k) providers... We were created as a not-for-profit 1. entity, and we exist to provide a benefit We leverage the buying power of the 2. ABA to eliminate firm expenses and minimize participant expenses Our fiduciary tools help you manage 3. your liabilities and save valuable time Our investment menu has three tiers to 4. provide options for any type of investor, and our average expense is well below the industry average for mutual funds We eliminated commissions, which erode 5. your savings, by eliminating brokers We have benefit relationships with 29 6. state bar and 2 national legal associations.* LEARN HOW No other provider has more than one. YOU CAN * Alabama State Bar Illinois State Bar Association State Bar of Nevada Rhode Island Bar Association GROW YOUR State Bar of Arizona Indiana State Bar Association New Hampshire Bar Association State Bar of Texas Arkansas Bar Association Iowa State Bar Association State Bar of New Mexico Vermont Bar Association -
Planning Ahead: a Guide to Protecting Your Clients' Interests in the Event Of
PLANNING AHEAD: A GUIDE TO PROTECTING YOUR CLIENTS’ INTERESTS IN THE EVENT OF YOUR DISABILITY OR DEATH A Handbook and Forms 2016 Idaho State Bar PO Box 895 Boise, ID 83701 www.isb.idaho.gov (208) 334-4500 Board of Commissioners Trudy Hanson Fouser President Tim Gresback Past President Michelle R. Points Commissioner Dennis S. Voorhees Commissioner Kent A. Higgins Commissioner Executive Director Diane K. Minnich Bar Counsel Bradley G. Andrews DISCLAIMER This handbook is designed to minimize the likelihood of you or your estate being sued for legal malpractice in the event of your death, disability, impairment, or incapacity. The material presented does not establish, report, or create the standard of care for attorneys. The material is not a complete analysis of the topic, and readers should conduct their own appropriate legal research. May 2016 Dear Idaho Lawyer: This handbook was created to help you fulfill your ethical obligations to protect your clients' interests in the event of your death, disability, impairment, or incapacity. Although it is hard to think about events that could render you unable to continue practicing law, freak accidents, unexpected illness, and untimely death do occur. Following the suggestions in this handbook will help to protect your clients' interests and will help to make your practice a valuable asset to your estate. In addition, it will simplify the closure of your office - a step your family and colleagues will very much appreciate. We hope this handbook will be of assistance to you. Sincerely, Senior Lawyers Transition Task Force William F. (Bud) Yost III, Chair Hon. -
Formal Ethics Opinion 108, Inadvertent Disclosure of Privileged
Formal Opinions Opinion 108 INADVERTENT DISCLOSURE OF PRIVILEGED OR CONFIDENTIAL DOCUMENTS 108 Adopted May 20, 2000. Introduction This opinion addresses the ethical obligations of a lawyer who receives from an adverse party or an adverse party’s lawyer documents that are privileged or confidential and that were inadvertently dis- closed, whether in a civil, criminal, or administrative proceeding or in a context that does not involve liti- gation. This opinion does not purport to address all the situations in which a lawyer receives privileged or confidential documents belonging to a person other than his or her client.1 For purposes of this opinion, “confidential” documents are those that are subject to a legally recognized exemption from discovery and use in a civil, criminal, or administrative action or proceeding, even if they are not “privileged” per se.2 Syllabus The ethical obligations of a lawyer who receives from an adverse party or an adverse party’s lawyer documents that are privileged or confidential and that were inadvertently disclosed depends on whether the receiving lawyer knows of the inadvertence of the disclosure before examining the docu- ments. A lawyer who receives documents from an adverse party or an adverse party’s lawyer (“sending lawyer”) that on their face appear to be privileged or confidential has an ethical duty, upon recognizing their privileged or confidential nature, to notify the sending lawyer that he or she has the documents, unless the receiving lawyer knows that the adverse party has intentionally waived privilege and confiden- tiality. Although the receiving lawyer’s only ethical obligation in this situation is to give notice, other con- siderations also come into play, including professionalism and the applicable substantive and procedural law.