Based on the ABA's 20/20 ethics committee, Minnesota is the latest state to adopt some new amendments, effective April 01, 2015.
As these changes relate to technology, the following are some important highlights:
Rule 1.1 (Competence) now includes the comment, in pertinent part, that, "To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology."
Rule 1.4 (Communication) includes the comment that, "A lawyer should respond promptly to or acknowledge client communications." Don't let e-mails from the client go undetected in your /Junk folder (I wrote about this back in 2008)!
Rule 1.6 (Confidentiality) contains new commentary that is too voluminous to reprint here, but in essence requires and attorney to take reasonable steps to assure confidentiality in communications (which may require advising a client not to use an unsecured wireless communication or employer computer for e-mailing), and to ensure that third parties (such as cloud providers) provide adequate assurances of confidentiality.
Rule 5.3 provides new commentary regarding the lawyer's duty to ensure that third party providers' services are provided in a manner compatible with the lawyer's professional obligations.
To see all the new changes, go here: http://www.mncourts.gov/Documents/0/Public/Clerks_Office/Rule%20Amendments/ORADM108005-022715.pdf
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