Full Answer
What do clients really want from law firms?
First, let’s talk about file sharing for those practicing law. In our increasingly digital world in which people email, share files and carry digital documents on their phones and tablets, having a secure and efficient way to share information is critical. Electronic file sharing has been a game changer for lawyers and their clients. File sharing is much more than email, by the way.
What information does a lawyer have to keep private?
The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation. The Client's …
How can I stay compliant with ethics rules as a lawyer?
Oct 15, 2019 · Lay out best practices and guidelines for client communication, and share them with new paralegals, administrative assistants, and associates. 4. Listen, listen, listen. It’s easy for lawyers to jump in with their thoughts before they’ve truly understood the problem—and this can leave clients feeling as if they’re not truly being heard.
Why do lawyers need file-sharing services?
Aug 07, 2014 · If you are just going to share one or two files with someone, an encrypted attachments is probably easiest. If you are going to share a huge set of files, a CD or DVD is probably easiest. If you are going to share lots of files with someone, one at a time, a secure portal is the best option by far. Worst: an Email Disclaimer
How do lawyers communicate with their clients?
Lawyers are always communicating with their clients. Sometimes, lawyers communicate more with a tone of voice, a facial expression, a body position, or a lack of contact than with the accompanying words and phrases. Clients often feel angry or anxious after not hearing from their lawyer for a period of time.Oct 11, 2017
How do lawyers introduce themselves to clients?
A typical introduction: “Your Honor, members of the jury, my name is (full name), representing the prosecution/defendant in this case.” If they have already been introduced, some attorneys just go right into their opening to save time, create drama, and make it look more like a real trial.
How do you maintain the good relationship between the attorney and the client?
Here are a few simple rules to follow for maintaining positive client relationships:#1 Treat each client as if they are your only client. ... #2 Talk about goals. ... #3 Take an interest in a client as a person, not just a case. ... #4 Be prepared. ... #5 Keep in touch. ... #6 Meet deadlines. ... #7 Encourage honesty. ... #8 Be on their side.Feb 1, 2018
What do lawyers want from their clients?
Most lawyers want to build a strong client relationship. ... Clients understand intellectually that they need your help to resolve their legal problem, but what they actually want is comfort, reassurance, and connection.Jun 14, 2019
How do you introduce yourself as an attorney example?
0:041:40Introducing yourself as a lawyer- - YouTubeYouTubeStart of suggested clipEnd of suggested clipI'm a newly qualified lawyer. And I've just landed a job as an associate at a mid-sized law firm.MoreI'm a newly qualified lawyer. And I've just landed a job as an associate at a mid-sized law firm.
How do I present myself as a lawyer?
When you introduce yourself, say the minimum about yourself, and quickly get the other person talking about themselves. This is easier than you might think since you have a fair amount to go on: You're both wearing name tags, so you don't have to announce your organization.Sep 22, 2016
What is a attorney-client relationship?
The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance.
What is the basis of lawyer/client relationship?
The relation of attorney and client is one of trust and confidence of the highest order. It is highly fiduciary in nature and demands utmost fidelity and good faith. … A lawyer becomes familiar with all the facts connected with his client's case.
What are some of the important things that an attorney should do when first considering representation of a client?
In order to determine whether an attorney may represent a potential new client or an existing client in a new matter, the attorney must (1) identify the client; (2) determine whether a conflict exists; (3) decide if representation could be undertaken despite the conflict; and, (4) get consent from all clients involved ...Jan 31, 2008
What do clients value in lawyers?
Affability– I want to work with people I like. Availability– I want to work with someone who wants to work with me & can do so. Affordability– I want you to offer good value. Ability– Since you work for a good firm, I assume you're a good lawyer, so sector expertise means more than legal know-how.Mar 16, 2021
What does a client want?
Clients want to know that you get them, get their business, get their industry, get their challenges, and get what they want to achieve. That you seriously get it. They expect that your team has some experience or specialized knowledge, and that you've conducted your own research.Mar 15, 2016
What are the four responsibilities of lawyers?
DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021
Why is it important to keep people skills sharp?
Keeping your people skills sharp helps ensure that your clients feel heard, cared for and informed. Watch for visual cues when communicating in person, stay present, and ask probing questions when you sense there’s more to the story than what the client is telling you.
What is client communication?
Good client communication is about being proactive so that clients feel truly cared for and informed. Make a deliberate effort to ensure your client understands what’s going on, and you’ll avoid unnecessary communication breakdowns. A few ways to do this: Avoid legal jargon.
Who is Teresa Matich?
About the Author. Teresa Matich is an experienced legal tech writer and editor. She’s the editor of the Clio Blog, the co-producer of Clio’s Matters podcast, and has written for publications such as Legal Technology Today and Above the Law.
Is automation good for law firms?
Automating tedious or repetitive processes can be a big win for law firms, but the automation of communication needs to be done carefully, so it’s convenient for both you and your client.
Why is client communication important in law?
Better communication leads to stronger client experiences, increased positive reviews, and more potential referrals for your law firm. By putting your clients at the center of everything, you’ll be better positioned to communicate intentionally, provide great experiences, ...
What is a Ruby receptionist?
Ruby Receptionists, for example, answers your business calls and syncs all your calls and messages with Clio.
What certifications do attorneys need?
When evaluating a service, attorneys should look for certifications such as: 1 SSAE 16 2 SOC 1, 2 and 3 3 ISO 27001
What is the CFPB in real estate?
Real estate attorneys may be affected by the creation of the Consumer Financial Protection Bureau (CFPB), which regulates a wide range of consumer financial transactions.
Is it important to maintain good security?
Unfortunately, maintaining good security is as difficult as it is important. New technologies crop up quickly, and each introduces new security weaknesses. To account for them, attorneys need the money and time to implement best practices and the knowledge of how to do so—all of which are limited resources.
What is real estate attorney?
Real estate attorneys who handle investment properties also deal with information regulated by the Securities and Exchange Commission (SEC) and/or state securities laws, as do tax, financial, commercial, or other attorneys who deal with bank records.
Is cloud computing ethical?
A total of 19 state bar associations have found that cloud computing is ethical under certain conditions. The consensus is that if attorneys take reasonable measures to assure themselves that the service in question secures data appropriately, third-party file storage and sharing is acceptable.
What are the ethical guidelines for digital data security?
In some ways, the ethical guidelines that govern digital data security in the legal field predate the issue itself. The American Bar Association Model Rules of Professional Conduct, which were adopted in 1977, state in section 1.6 (c) that a lawyer must “make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” In previous decades, maintaining physical barriers like locks or alarm systems and transferring documents outside of the office carefully were enough to fulfill privacy obligations. While those measures are still important, the clause should now be interpreted to include best data security practices.
What are the ABA rules?
Though attorneys are primarily governed by the ethical guidelines of their own state bars, the ABA Rules have been used as a model by most bar associations. In all states, the same ethical obligation to maintain client privacy through good data security is required.
Why is client portal important?
1. Client portals make attorney-client communication easy — and more secure.
What is client portal?
But what exactly is a client portal? In the most basic terms, a client portal is software that allows you, the attorney, to interact and work with your clients in a secure online setting.
How many hours a day can a client work on a case?
And speaking of collaboration, the client can do it on their schedule, 24 hours a day. Whether it’s 2 am, 2 pm, or any time in between, clients can access, review, and provide feedback on any of the documents related to their case.
Can email be hacked?
Emails can sometimes be hacked, and even if you take great care to protect your firm’s email accounts, there is no guarantee that your clients are doing the same on their end. With secure client portals, communications are not only encrypted, but also protected on both ends.
Can clients share documents?
With client portals, you can easily share documents and files with clients, and they with you. You and your clients can also discuss the documents and immediately share your thoughts or concerns through portal communication. Some client portals even allow you to edit documents and create new versions, which your clients can see immediately.
What is the common interest doctrine?
The common-interest doctrine extends the attorney-client privilege to allow parties represented by different counsel to share information without waiving privilege. It applies generally when parties have a common legal interest, for example when they are co-defendants or are involved in or anticipate joint litigation.
What was the case in Libbey Glass v. Oneida?
(a) Libbey Glass, Inc. v. Oneida, Ltd.#N#In contrast, the District Court for the Northern District of Ohio in Libbey Glass, Inc. v. Oneida, Ltd., 9 took a more restrictive view of the common-interest doctrine and held that the attorney-client privilege had been waived when Oneida disclosed information from its counsel to a third party. Here, Libbey Glass brought suit against Oneida for trade dress infringement. Before the suit, Oneida had sought to increase its market share and contacted a Turkish manufacturer, Pasabahce Cam Sanayii VE Ticaret (Pasabahce), to manufacture glassware that Oneida would purchase, allowing competition with Libbey. During the negotiations, Pasabahce became concerned with the similarities between Oneida’s design and Libbey’s glassware. To ease concerns, Oneida provided Pasabahce an opinion by Oneida’s counsel that indicated manufacturing the glassware would not infringe Libbey’s design. Pasabahce was not represented by counsel and did not appreciate the importance of the opinion and the attorney-client privilege. Libbey argued that Oneida’s sharing of its opinion waived the attorney-client privilege and all communications related to the transaction. Oneida countered and relied in part on the common-interest doctrine.
What is IP due diligence?
An IP due diligence involves the complex and challenging process of examining intangible assets—patents, trademarks, copyrights and trade secrets. The circumstances of every IP due diligence differ depending on the nature of the transaction, the parties, the timing and the technology. Regardless of the type of transaction, an IP due diligence may evaluate the claim language, freedom to operate, validity, enforceability, ownership and potential to harvest additional IP. A full evaluation requires the seller to provide a significant amount of information.
Is there a risk of sharing information during a negotiation?
The substantial uncertainty presents unwelcome risk for parties negotiating about IP assets. While risk of waiver cannot be eliminated completely from due diligence, various proactive steps can be taken to minimize the potential of producing privileged information.
What is attorney client privilege?
The attorney-client privilege protects confidential communications between an attorney and a client for the purpose of obtaining legal advice or services. The privilege shields from discovery advice given by the attorney to the client as well as communications from the client to the attorney.
What is the work product doctrine?
The work-product doctrine is broader than the attorney-client privilege and protects any documents prepared in anticipation of litigation by or for the attorney.
What is due diligence in court?
Courts have identified circumstances involving due diligence where the benefit of sharing confidential communication and thereby upholding privilege outweighs the negative impact of waiver. For example, as shown below, courts have upheld privilege where there is a common interest between the parties.
Introduction
Legal professionals handle a wide variety of incredibly sensitive data. Clients trust attorneys with items such as tax records, intellectual property, and protected health information which, if exposed, leave clients vulnerable to criminal activity. A multitude of federal and state privacy laws and industry guidelines regulate the st…
Formal Ethical Guidelines For Data Security
- In some ways, the ethical guidelines that govern digital data security in the legal field predate the issue itself. The American Bar Association Model Rules of Professional Conduct, which were adopted in 1977, state in section 1.6(c)that a lawyer must “make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the …
Data Security Challenges
- Unfortunately, maintaining good security is as difficult as it is important. New technologies crop up quickly, and each introduces new security weaknesses. To account for them, attorneys need the money and time to implement best practices and the knowledge of how to do so—all of which are limited resources. Network security can be expensive. Creating secure private networks, hiri…
Security Breach: A Case Study
- In 2011, a Baltimore law firm discovered just how common human error is. A staff member of Baxter, Baker, Sidle, Conn & Jones took a portable hard drive out of the office and accidentally left it on a commuter train. Though she discovered her mistake and went back for the device minutes later, it was already gone. The drive contained an unencrypted backup of all the firm’s data, inclu…
File Sharing as A Data Security Tool
- File-sharing services allow you to store information on remote servers and access it through the Internet. This process is often referred to as being “in the cloud” or as “cloud computing.” When you use a file-sharing service to store and transfer records, you are relying on that service’s security measures to keep the data safe. If the service you’ve chosen maintains good security pr…
Ethics Opinions on Cloud Computing
- A total of 19 state bar associationshave found that cloud computing is ethical under certain conditions. The consensus is that if attorneys take reasonable measures to assure themselves that the service in question secures data appropriately, third-party file storage and sharing is acceptable. California’s opinion provides a good example. The State Bar of California issued thi…
Selecting A Secure File-Sharing Service
- As Ohio says, the first step to using file-sharing services ethically is selecting the right one. But here again, attorneys run into a scarcity of knowledge. Data security is not the core competency of most law practitioners. How do they know whether a file-sharing service secures data appropriately? Unfortunately, “appropriate” is a moving target. As new security weaknesses are e…
Conclusion
- Information technology is evolving at an increasingly rapid rate. It is becoming more complex, more efficient and more integrated with our daily lives. The ethical responsibilities that affect attorneys’ interactions with today’s technology—competent representation and client confidentiality—require attorneys to take all reasonable data security precautions. Legal firms ca…
How An Attorney-Client Relationship Forms
An attorney-client relationship forms when there is an expressed verbal or written representation agreement. A casual conversation at a social event wouldn’t typically be included, but asking for help with a legal matter and seeking representation would. This agreement can take many forms – some examples inc…
Benefits of The Attorney- Client Relationship
- The primary benefit of an attorney-client relationship is confidentiality of information. As part of his or her professional responsibility, an attorney cannot reveal information regarding the representation of a client unless that client gives informed consent, the sharing of information is implied as part of the representation, or as other specific situations may apply. What do each of …
Implications of An Attorney- Client Relationship
- There are many obligations you should understand that are involved in an attorney- client relationship, but two are essential. The first is the prohibition of a conflict of interest, and the second are the attorney’s obligations to you once your case is complete. Regarding conflicts of interest, an attorney cannot represent a client if the representation causes a conflict of interest. …
I. Introduction
- The world of due diligence presents particularly challenging privilege questions arising from communication between buyers and sellers before the consummation of deals. Adding to this thorny issue is the breakneck speed of the deals necessitating urgent sharing and disclosure of highly sensitive corporate information with third-party investors or buyers. For instance, during …
II. Intellectual Property Due Diligence
- An IP due diligence involves the complex and challenging process of examining intangible assets—patents, trademarks, copyrights and trade secrets. The circumstances of every IP due diligence differ depending on the nature of the transaction, the parties, the timing and the technology. Regardless of the type of transaction, an IP due diligence may evaluate the claim la…
III. Risks Associated with Sharing Information During A Due Diligence
- Conventional wisdom suggests that a seller of an asset would want to disclose as much information as necessary to attract an offer or to continue business discussions. In today’s fast-paced market economy, there is considerable pressure to make a deal happen quickly, further prompting open and frank communications between parties. If the deal falls through, however, t…
IV. The Attorney-Client Privilege, Work Product and Waiver
- The attorney-client privilege protects confidential communications between an attorney and a client for the purpose of obtaining legal advice or services. The privilege shields from discovery advice given by the attorney to the client as well as communications from the client to the attorney. Voluntary disclosure of privileged communications to a third party results in waiver of t…
v. Protecting Disclosure During A Due Diligence: Common Interest Doctrine
- Waiving privilege or the work-product doctrine is potentially disastrous, but exceptions exist. Courts have identified circumstances involving due diligence where the benefit of sharing confidential communication and thereby upholding privilege outweighs the negative impact of waiver. For example, as shown below, courts have upheld privilege where there is a common int…
VII. Suggestions For Protecting Privileged Information During Due Diligence
- As explained above, parties are at risk when sharing information during negotiations. Although some courts have accepted the common-interest doctrine and refused to find waiver of privileged information, other courts have taken a much more restrictive view of the doctrine. The substantial uncertainty presents unwelcome risk for parties negotiating about IP assets. While risk of waive…
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