Ethics Update I. Recent Amendment to the Rules Regulating The Florida Bar (effective October 1, 2010) A.

Lawyer-to-lawyer and lawyer-to-client communications – Rule 4-7.1 amended to exempt lawyer-to-lawyer communications from the advertising rules. New subsection (g) added to 4-7.1 provides that the advertising rules “shall not apply to communications between a lawyer and that lawyer’s own current and former clients. However, a lawyer shall not provide advertising materials to the lawyer’s own current or former clients that the lawyer received from other attorneys-a lawyer shall not serve as a conduit for other attorneys’ advertising. Further, as used in this rule, the term “former clients” does not include the clients or former clients of a public entity.”

B.

II.

Florida Bar Ethics Opinion 10-2 (The ethical obligations of lawyers regarding information stored on hard drives) The lawyer’s duties encompass the rules regarding confidentiality, competence, and supervision of nonlawyers. Also, a lawyer has a duty to obtain adequate assurances that flash drives, memory sticks, fax machines, and other electronic or digital devices have been stripped of all confidential information before being disposed. Merely obtaining an agreement from a vendor or other service provider that the device will be sanitized is not sufficient.

Case Law Richard A.com 3974517 . Florida 32302-2507 Phone: 850. ABA Formal Opinion 10-456 (July 14. prior to any hearing on the IAC claim and without the former client’s informed consent? IV.A. 215 South Monroe Street Suite 702 (32301) Post Office Box 10507 Tallahassee.222. may a criminal defense lawyer disclose confidential information to government lawyers. P.com www.8783 rgreenberg@rumberger. 2010) In an ineffective assistance of counsel claim.6550 Fax: 850. Kirk & Caldwell.III.rumberger.222. Greenberg Rumberger.

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