RPC 215. The view is that when using a mobile phone or cordless phone or other unsecured method of communication, a lawyer must take steps to minimize the risk of disclosure of confidential information. RPC 195. The notice states that a lawyer who has previously represented an estate may disclose confidential information related to the representation of the estate to the deputy personal representative of the estate. 98 Formal ethics report 18. The opinion is that a lawyer representing a minor owes the minor the obligation of confidentiality and can only disclose confidential information to the minor`s parent without the minor`s consent if the parent is the minor`s legal guardian and the disclosure of the information is necessary to make a binding legal decision on the purpose of the representation. RPC 113. The opinion is that an attorney may disclose information about a client`s counsel in a closing regarding the service of the client`s affidavit of privilege. RPC 252.
The notice states that a lawyer who receives documents that appear to be subject to solicitor-client privilege or are otherwise confidential and that were accidentally sent to counsel by the other party or opposing counsel should not review the documents and return them to the sender. RPC 230. The notice states that a lawyer who represents a bona fide client to provide Social Security disability benefits may withhold evidence of an adverse medical report at a hearing before an administrative judge, unless required by law or court to provide such evidence. Official Ethics Report 2009 1. The view is that a lawyer must exercise due diligence to prevent the disclosure of confidential client information hidden in metadata when transmitting an electronic communication, and that a lawyer who receives an electronic communication from another party or from another party`s lawyer must refrain from seeking and using confidential information in the metadata embedded in the document. Formal Declaration of Ethics 2007 12. The view is that a lawyer may subcontract legal advisory services limited to a foreign lawyer or a non-lawyer (collectively, „foreign assistants“), provided that the lawyer properly selects and supervises foreign assistants, ensures the preservation of the client`s trust, avoids conflicts of interest, discloses outsourcing and obtains the client`s extended consent. Official Ethics Report 6 of 2004. The view is that a lawyer may disclose confidential client information in order to charge a fee, including information necessary to support an allegation that the corporate veil should be violated, provided the claim is made in good faith. RPC 246. The view is that, in certain circumstances, a lawyer cannot represent a party whose interests are contrary to the interests of a potential client if confidential information of the potential client is to be used in the representation.
RPC 23. The notice states that an attorney may disclose to the IRS information about a real estate transaction that would otherwise be protected if required by law, and that such notice of such required disclosure must be communicated to the client and other interested parties. Formal Ethics Opinion of 2008 13. The audit notice states that unless the clients concerned expressly consent to the disclosure of their confidential information, a lawyer may only allow a title insurer to verify the real estate escrow account and the lawyer`s voting reports if certain written assurances to protect client confidence are obtained from the title insurer. and the audit is limited to certain records and real estate transactions insured by the title insurer. RPC 179. The view is that a lawyer cannot offer or enter into a settlement agreement that contains a provision prohibiting the lawyer representing the disputing party from representing other claimants against the opposing party. Official Ethics Statement 2012 5. The notice states that a lawyer representing an employer must assess whether emails that an employee sent to and received from the employee`s lawyer through the employer`s e-mail system are protected by the employer`s solicitor-client privilege and, if so, must refuse to review or use the messages unless a court determines: that messages are not privileged. RPC 244.
The notice states that although a lawyer asks a potential client to sign a form stating that no mandate-lawyer relationship arises due to a free consultation with the lawyer, the lawyer cannot refuse to create a mandate-lawyer relationship and represent the other party. Formal Declaration of Ethics 2009 8. The notice provides guidelines for a party`s lawyer in a division process and states that the lawyer may subsequently serve as a commissioner for the sale, but not as one of the agents for the division of property. Official Ethics Report 2008 1. The notice states that a lawyer representing an undocumented employee in a workers` compensation lawsuit is required to correct court documents that contain false statements about material facts and is prohibited from providing evidence to support the allegation that a pseudonym is the client`s legal name. RPC 77. The view is that a lawyer may disclose confidential information to their liability insurer to defend against a claim, but not just for the purpose of insuring coverage. 2003 Formal Ethics Opinion 9. The notice states that a lawyer may participate in a settlement agreement that includes a provision that restricts or prohibits the disclosure of information obtained during representation, even if the provision effectively limits the lawyer`s ability to represent future claimants. (7) comply with the rules of any attorney or judicial support program approved by the North Carolina State Bar or the North Carolina Supreme Court; or the 2013 formal ethics opinion 5. The view is that a lawyer or trustee must explain their role in a foreclosure proceeding to any unrepresented party who is a non-demanding consumer of legal services. If the lawyer fails to do so and that party discloses important confidential information, the lawyer may not represent the other party in any subsequent adversarial proceedings, unless there is informed consent.
Official Ethics Statement 2013 12. The notice states that in a workers` compensation case, if a client breaks off representation, the lawyer subsequently appointed may disclose the terms of the settlement to the former lawyer to settle a pre-trial fee-splitting claim under an applicable exemption from the duty of confidentiality. [3a] The rules on confidentiality of information apply to a lawyer representing an organisation whose lawyer is employed. Perhaps the most interesting conclusion of this notice is that it is the current second opinion in which the ABA sought to emphasize that Rule 1.6 does not provide an exception for information that is „generally known“ or „contained in a public record.“ See American Bar Association Formal Notice 479 (December 15, 2017). This point is crucial because there is a significant misconception among lawyers that they are free to discuss material that would otherwise be confidential if it appeared in a publicly filed document. .