Posts Tagged ‘data security’
Termination of Representation and the Retention of Files
A court ruling recently solidified the majority perspective that attorneys have an ethical duty to turn over and surrender their entire file to clients upon termination of representation. It is important for litigators to be cautious and aware of their individual jurisdiction’s interpretation of Model Rule 1.16 to avoid sanctions.
Read MoreThis Is How to Competently Operate Cloud Computing Systems
ABA Model Rule 1.1 states that a lawyer is obliged to provide competent representation through the appropriate legal knowledge, skill, thoroughness, and preparation — but how does this apply in a world of changing technological developments?
Read MoreCompetent Representation Requires Mastery of Email
As technology changes, so do the rules governing litigation. Continuing to learn about best practices is necessary in an age of rapid technological development, and staying abreast with the latest changes gives any lawyer an advantage in conducting his or her case.
Read MoreThink Twice Before You Post: How Social Media Waives Confidentiality
Engaging in online threads, posts, or tweets that reveal sensitive information may waive confidentiality. The trick is discerning if the information that’s posted qualifies as one of the exceptions to Model Rule 1.9.
Read MoreDon’t Let the Clawback Bite Back: The Necessary Steps for Creating an Effective Clawback Agreement
Litigators construct clawback agreements that allow parties to retrieve important documents without having client-attorney privileges revoked. But the successful retrieval of documents is only possible when clawback agreements are prepared properly.
Read MoreWho’s got your fingerprint and what are they doing with it?
Pretty amazing: Workers can now punch in simply by touching a fingerprint scanner. The technology, however, is a landmine in what one writer calls “the next class-action battleground.”
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