The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - December 2011 Edition

• Social Media—Communicating With Represented Parties—Impermissible Use of Subterfuge
• Attorney-Client Privilege—Duty to Preserve Client Confidences—Electronic Storage of Client Information
• Duty of Candor—Client Communications

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Social Media—Communicating With Represented Parties—Impermissible Use of Subterfuge​

San Diego Bar Opinion 2011-2 (May 24, 2011)

Risk Management Issue: What are the limits of permissible social networking conduct by lawyers?

Attorney-Client Privilege—Duty to Preserve Client Confidences—Electronic Storage of Client Information 

New York State Bar Ethics Opinion 842 (Sept. 10, 2010), and District of Columbia Bar Legal Ethics Committee Opinion No. 357

Risk Management Issue: What measures do law firms need to take to manage the risks associated with storage of client files and sensitive client information in the “cloud?”

Duty of Candor—Client Communications 

Risk Management Issue: What is required in order for lawyers to fulfill their obligation to verify representations provided to by the client before relying on those representations?

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This newsletter has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.