Monday, March 4, 2013

Recent Ethics Opinions (Law Firm Conflicts, Cloud Storage, and Other Clouds...)

[h/t to the Professional Responsibility blog for highlighting several updates] --

Illinois State Bar Association's Board of Governors issued three opinions, including:
  • Opinion No. 13-02: Arbitration and Mediation; Conflict of Interest; and Multiple Representation -- A lawyer ordinarily represents a partnership as an entity for conflicts of interest purposes. Where a lawyer has represented a partnership and all individual partners in various matters in a common representation, and one partner subsequently files an arbitration matter against another partner, whether the lawyer may represent the defending partner with informed consent will depend on the circumstances. Similarly, whether the lawyer can continue to represent the partnership or any of the partners in other matters with informed consent will depend on the circumstances.
Florida issues opinion on lawyer use of cloud sources to store confidential information:
  • Summary: "Generally approving of other States’ previous advisory opinions regarding this matter, the Florida’s proposed opinion focuses on an attorney’s duty to perform due diligence in investigating a vendor’s “terms and conditions” prior to storing sensitive client information on that vendor’s cloud computing service. Notably, the Committee reiterates New York’s recommendation to limit the use of cloud computing services to vendors who contractually agree to preserve confidentiality and security."
Connecticut Bar association issues ethics opinion on medical marijuana --
  • Summary: "The Connecticut Bar Association ethics committee has issued an informal opinion saying that lawyers can help businesses that want to cultivate marijuana for distribution to chronically ill patients navigate the regulatory process for obtaining a state license."

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