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Showing 4 posts in Confidential Information.

Don't let the Investigators get you down: The Ethics of Representing a Client During a Law Enforcement Investigation

Lawyers Behind BarsIt can be dangerous work representing a client during a law enforcement investigation. Tired of the burden of proving allegations of wrongdoing, many law enforcement agencies have recently turned to punishing the defense of the allegations. Targeting both inside and outside counsel, enforcement agencies sometimes seek disciplinary action or even institute criminal proceedings against counsel who did nothing more than represent their client. More ›

The Risks of Using Public Wi-Fi

Model Rule of Professional Conduct 1.6 requires lawyers to use reasonable means to protect client confidences in electronic communications. Lawyers often choose to use secure or encrypted networks for client communications. But how secure are the Wi-Fi networks at your local coffee shop? Much has been written lately about the dangers of public Wi-Fi use. However, many may not realize how dangerous the use of public Wi-Fi can be to your own privacy and personal security. My firm's deputy general counsel and communication security partner, Steve Puiszis, found this short article describing how a hacker can readily capture information sent via public Wi-Fi. For a hacker, it's almost as easy as child's play. Steve recommended that we all take a minute to read this eye opening article and send it to others who use public Wi Fi. More ›

California Court of Appeal Decision Rejects Fiduciary Exception to Attorney-Client Privilege, but Raises new Questions

On November 25, 2014, in the decision Edwards Wildman Palmer v. Superior Court of Los Angeles County (No. B255182), discussed in an earlier blog post, the California Court of Appeal delivered an excellent, bright-line opinion, protecting discussions between firm members and their in-house general counsel, relating to possible liability, including methods of dealing with a complaint or claim made by current client of the firm. This question has been a moving target for California law firms for many years. More ›

Avoiding Ethics Problems in Social Media — Phone a Friend

Lawyers are social animals and when they feel emotionally tethered to a desk, a billable hour requirement or some other unpleasant aspect of being a lawyer, their use of social media can create a big ethical problem. More ›