The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - March 2012 Edition
Lawyers' Lawyer Newsletter | 2 min read
Mar 12, 2012
- Duty to Report Lawyer Misconduct—Duty to Supervise—Responsibilities of Members of Law Firm Management Committees
- Duty of Competence—Duty to Advise Clients of Risks of Loss of Confidentiality and Privilege From Use of Employer Provided Technology or From Posting on Public Spaces on the Internet
- E-mails—Use of Employer Provided Addresses and Technology—(Loss of) Attorney-Client Privilege
Duty to Report Lawyer Misconduct—Duty to Supervise—Responsibilities of Members of Law Firm Management Committees
Board of Overseers of the Bar v. David E. Warren et al. 2011 ME 124, (Me. Dec. 8, 2011)
Risk Management Issues: At what point after discovering serious wrongdoing by a lawyer within a firm does the duty to report the attorney to disciplinary or other appropriate authorities arise? What other steps are advisable for the law firm to take when such wrongdoing is discovered? What is the proper scope of supervisory responsibility either to prevent or to respond to wrongdoing when discovered?
Duty of Competence—Duty to Advise Clients of Risks of Loss of Confidentiality and Privilege From Use of Employer Provided Technology or From Posting on Public Spaces on the Internet
American Bar Association Formal Opinion 11-459/Lenz v. Universal Music Corp. 2010 WL 4789099 (N.D. Cal. 2010)
Risk Management Issue: What are the nature and scope of the duty to educate clients about the risks of waiving the attorney client privilege when using employer provided technology, and about the appropriate safeguards to protect confidentiality and the privilege.
E-mails—Use of Employer Provided Addresses and Technology—(Loss of) Attorney-Client Privilege
American Bar Association Formal Opinion 11-460 (Aug. 4, 2011)
Risk Management Issues: What are the ethical obligations of a lawyer who, while representing an employer sued by an employee, discovers potentially privileged e-mail communications between the employee and her attorney stored in the employee’s workplace computer? What are the limits on a lawyer’s use of information as to which the adversary is likely to claim attorney-client privilege that would be unknown to the lawyer except for its location on its client’s server?
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.
Featured Insights

Press Release
Oct 8, 2026
Technology Service Corporation Closes on Acquisition by Blackstone-Backed Purchaser

Employment Law Observer
Oct 8, 2026
“We Didn’t Know” is No Longer an Employer Defense for Religious Accommodation Claims Under Title VII

In The News
Oct 8, 2026
Lucy Wang Analyzes What Insurers Need to Know About Two New California Laws

Lawyers' Lawyer Newsletter
Oct 8, 2026
The Rise of Management Service Organizations: How Lawyers and Lawmakers are Responding

In The News
Oct 7, 2026
Scott Seaman Discusses Google’s Coverage Battle Over Social Media Addiction Claims

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 6, 2026
Mixed Messages Ongoing as Courts Disagree Whether Texts Constitute “Calls” Under the TCPA

Press Release
Oct 5, 2026
Mitchel Chargo Selected to the Seventh Edition of the Global Top 200 Cannabis Lawyers Directory

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 2, 2026
Expansive New Commercial Financing Licensing Requirement Signed into Law in California




