Confidentiality When Using Technology.
To help lawyers understand how to protect client confidences when using new technology -- such as "cloud" computing, tablets and smartphones -- we propose to:
- clarify that lawyers should take reasonable precautions to protect client confidences from inadvertent or unauthorized access or disclosure. (Model Rule 1.6)
- identify the factors that lawyers should consider when determining whether they have taken reasonable precautions. (Model Rule 1.6)
- clarify a lawyer's obligations upon receiving inadvertently disclosed confidential information, including information contained in electronic form. (Model Rule 4.4)
- emphasize a lawyer's duty to keep abreast of changes in relevant technology, including the benefits and risks associated with its use. (Model Rule 1.1)
We also recommend that the ABA create a user-friendly, regularly updated website with answers to commonly asked questions about technology and confidentiality. Using Technology for Marketing.
To help lawyers understanding how the principles of the advertising rules apply to new forms of Internet-based marketing, such as pay-per-click ads and social networking sites, we propose to:
- advise lawyers on how to use those forms of marketing without inadvertently creating a prospective client-lawyer relationship. (Model Rule 1.18)
- clarify how the prohibition against paying others for a "recommendation" applies to online lead generation services. (Model Rule 7.2)
- identify when a lawyer's online communication constitute a "solicitation." (Model Rule 7.3)