Recently in Confidentiality Category

In the news: "A recent report concluded law firms -- attractive targets because they maintain sensitive client data -- are being targeted by sophisticated and well-funded teams of cyberattackers. But firms don't often realize they've been infiltrated and rarely go public with security breaches."

 

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Source: Law.Com's Daily Legal Newswire. 9 March 2010. Copyright 2009.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

This post was written by Allison Shields: "I recently visited a lawyer client of mine at her office. This particular lawyer shares space and a receptionist with a law firm for whom she also performs some work. When I gave my name to the receptionist, she immediately asked, "Are you related to Harry (not his real name)? He's a client at this firm."

I am not, in fact, related to "Harry," but the receptionist's question gave me pause. What if Harry had retained the firm on a matrimonial matter? (Matrimonial law was one of their practice areas). What if I were related to Harry (or worse yet, his wife) and Harry had not made public his marital problems or his intention to consult with a lawyer..."

Continue reading this important post by clicking on the author's name.

Source: Lawyerist.com, 5 March 2010. © 2007-2010 Lawyerist Media, LLC. Reproduced with permission of the site editor, Sam Glover.

From an e-newsletter sent by Sabrina Pacifici:

"Preserving Born-Digital Legal Materials - Where to Start?

http://www.llrx.com/features/borndigital.htm

Sarah Rhodes discusses the monumental challenge of preserving our digital heritage. She argues that law libraries specifically have a critically important role to play in this undertaking as access to legal and law-related information is a core underpinning of our democratic society. Our current digital preservation strategies and systems are imperfect but tremendous strides have been made over the past decade to stave off the dreaded digital dark age, and libraries today have a number of viable tools, services, and best practices at our disposal for the preservation of digital content.

 

Ethics of Legal Outsourcing White Paper

http://www.llrx.com/features/ethicsoutsourcing.htm

The practical reality for US and UK attorneys engaging in or contemplating Legal Process Outsourcing (LPO) is that the outsourcing of both core legal and support services across the legal profession is nothing new. What is different today with the emergence of the LPO industry is that both core legal and legal support related services are being outsourced to lawyers, law firms and corporations located offshore in countries such as India, South Africa and the Philippines. Mark Ross analyzes how the outsourcing of legal work by a law firm or legal department to a legal outsourcing company or an entity located offshore raises specific issues pertaining to the outsourcing lawyer's ethical obligations to his or her client.

 

Effective Project Management: the Art of Creating Scope Statements

http://www.llrx.com/features/projectscopestatements.htm

Carol A. Watson's discussion of how well-defined scope statements are the key to successful project management continues with this article focused on how all written documentation should be clearly and concisely written, avoiding ambiguities at all costs.

 

Business Intelligence Online Resources

http://www.llrx.com/features/busintellguide.htm

This extensive guide by search expert Marcus P. Zillman includes a wide range of sources designed to serve as a foundation for knowledge discovery specific to business intelligence resources on the Internet.

 

The Government Domain - Congressional Documents on FDsys: Advanced

Techniques

http://www.llrx.com/columns/govdomain44.htm

Following up on a previous column in which she introduced FDsys and explained the site's simple search and navigation, Peggy Garvin provides an update and introduces more advanced search techniques for the congressional information available on FDsys.

 

Wrongful Conviction and Attorney-Client Confidentiality

http://www.llrx.com/features/wrongfulconvictionconfidentiality.htm

Interpreting Rule 1.6(b)(1) of the ABA Model Rules of Professional Conduct in the context of wrongful convictions is complicated by evidentiary and practical considerations surrounding the potential use of such information. This article by Ken Strutin examines resources about several notable cases and the scholarly literature analyzing different approaches to resolving this dilemma."

 

Source: Pacifici, Sabrina. "New on LLRX.com for January/February 2010." Copyright © LLRX TM, Law Library Resource Xchange, LLC. All rights reserved. Subscribe <http://www.llrx.com/subscribe.htm>.

This post was written by Rick Georges: "Beware Who Fixes That Broken Laptop - Forbes.com.  Have you ever needed repair for a broken laptop computer? When you shipped it in, or gave it to the data recovery guy working out of a strip mall down the street, did you wonder whether any confidential client communications were being stolen? ...

And, now, I have a new excuse to give She Who Must Be Obeyed. Honey, I broke the computer, and I can't send it in because I have client confidential communications on the hard drive. Here is an article about it. So, I have to keep the old one safe and secure, and buy a new one!"

In the news: "Can employees retain attorney-client privilege for e-mails sent to their lawyers using employer-provided e-mail and computers? Attorney Anthony E. Davis seeks to reconcile apparently inconsistent decisions, and to aid in advising clients on avoiding the risks such communications pose."

 

The article also includes information for:

PUBLIC POLICY ARGUMENTS

REPRESENTING EMPLOYEES

REPRESENTING EMPLOYERS

 

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Source: Law.Com's Daily Legal Newswire. 5 November 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Joe Hodnicki: "In How Congress Bypasses the Attorney-Client Privilege David Ingram references the CRS report, Congress's Contempt Power: Law, History, Practice, and Procedure, in the context of a congressional committee that is trying to bypass the privilege in its investigation of the Bank of America-Merrill Lynch merger.

The CRS report examines the source of Congress's contempt power generally, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with each of the three different types of contempt proceedings. In addition, the report discusses limitations both nonconstitutional and constitutionally based on the power."

The active links are available at the source site listed below.

Source: Law Librarian Blog, 2 October 2009

From the site: "In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Alan Brill, Senior Managing Director for Kroll Ontrack's Information Security Services, and Steve Baird, Managing Director for Kroll Ontrack's Information Security, Computer Forensics and ESI Consulting Group, to discuss pressing information security concerns. Specifically, the discussion addresses how to protect your sensitive data from the growing risk of data breaches and explores best practices in responding to a breach incident. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Kelly Kubacki will take a look at the order issued in Pinstripe, Inc. v. Manpower, Inc. and the important issue of litigation holds and preservation in discovery.


Podcast: Play in new window | Download (Duration: 28:04 -- 20.2MB)


Related Podcasts


September 16, 2008 -- Healthcare, Data Security & Preservation Inadequacies

September 8, 2009 -- E-Discovery Trends in the Paralegal World

August 12, 2009 -- The 2009 Socha Gelbmann E-Discovery Survey

May 26, 2009 -- Learn to use NEW Technology: 101

April 14, 2009 -- Legal Hold: Don't Destroy Those Documents"


The active links are available at the source site listed below.

Source: Legal Talk Network, 14 September 2009

Posted by Carolyn Elefant: "Last week, I asked whether lawyers make a poor impression on clients when using free e-mail addresses like Gmail or Yahoo. This week, there's a more serious debate brewing in the blogosphere over e-mail, specifically, whether free e-mail services are unsafe at any speed. In other words, are the confidentiality and privacy features of these systems so grossly inadequate that no level of caution can make them suitable for communication with clients?

 

Toby Brown at 3 Geeks and a Law Blog cautions against reliance on these services. Re-reading the terms of service agreements from Gmail and Yahoo, Brown discovered that they both reserve the rights to pre-screen e-mail and target ads to content. Because these free e-mail services expose confidential communications to third parties, Brown believes that lawyers who use these services may be waiving confidentiality and could put themselves at risk of disciplinary action....

 

Full text and active links are available at the source site listed below.

Source: Legal Blog Watch, 19 August 2009

Posted by J. Benjamin Stevens: "There is no way to understate the importance of having appropriate passwords.  No, that doesn't mean using your last name or your dog's name, but rather rock solid passwords that actually protect your confidential information.

Are your passwords as safe as they should be?  Do you have a plan to help manage and remember them?  If you answered "no" or you aren't sure that the answer is "yes," then consider the following helpful resources:

  • Create Stronger Passwords :: make your personal data harder to hack
  • Manage Your Passwords :: rely on a password manager instead of your memory
  • Remember Your Passwords :: always be able to access critical passwords

[His] Source:  "Top Password Tips" by Joe Kissell, published at Macworld.com."

The active links are available at the source site listed below.

Source: The Mac Lawyer, 11 August 2009

 

P.S. I bought myself an iMac last weekend and love, love, LOVE it!!

From the blog: "Cloud computing, or storing all of your work and client files online rather than on a local computer, has become the mantra of lawyers who want to ditch the cost of physical offices and telecommute from home. However, a recent op-ed from the New York Times discusses the risks of trusting your files and information to a third-party provider that might get hacked, subpoenaed or even hijacked by the vendor itself for more money. The article concludes with suggestions for securing the information to protect client confidentiality and ensure against inadvertent disclosure."

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