- Opinion 12-03
Summary: A lawyer generally may store
and synchronize electronic work files containing confidential
client information across different platforms and devices using an
Internet based storage solution, such as "Google docs," so long
as the lawyer undertakes reasonable efforts to ensure that the
provider's terms of use and data privacy policies, practices and
procedures are compatible with the lawyer's professional
obligations, including the obligation to protect confidential
client information reflected in Rule 1.6(a). A lawyer remains
bound, however, to follow an express instruction from his or her
client that the client's confidential information not be stored or
transmitted by means of the Internet, and all lawyers should
refrain from storing or transmitting particularly sensitive client
information by means of the Internet without first obtaining the
client's express consent to do so.
- Opinion 12-02
Summary: When a suit to recover
damages for personal injuries incurred on tribal lands in State
X is contemplated, the ethics rules governing a contingent fee
agreement between a Massachusetts attorney and her Massachusetts
client are those of State X or the tribal court in State X and not
the Massachusetts Rules of Professional Conduct.
- Opinion 12-01
Summary: The conduct of an
out-of-state attorney who deliberately misrepresented that he was
representing a client in order to induce Lawyer's client to settle
a matter falls within the requirement of Rule 8.3(a) mandating that
Lawyer report the conduct to Bar Counsel of the Board of Bar
Overseers. On the facts of this inquiry, however, the Lawyer's
information is protected by Rule 1.6, and therefore under Rule
8.3(c) Lawyer needs client consent to make such a report.