Archive for the ‘Ethics Help Blog’ Category

“Reasonable Efforts” to Protect Client Information From Cybersecurity Risks

A frequent subject of Ethics Hotline calls is what a lawyer can/must do to protect confidential client information from cybersecurity risks.  In 2014, the Wyoming Supreme Court amended W.R.P.C. 1.6 (client confidentiality) to add subpart (c): “A lawyer shall make reasonable efforts to prevent the unintended disclosure of, or unauthorized access to, information relating to the representation of a client.”

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Representing Clients with Diminished Capacity

I have represented an elderly client for several years regarding estate planning issues.  Recently, she seems to be slipping.  She has asked me to make some changes to her estate planning documents that don’t really make sense.  I fear that she is being unduly influenced by one of her adult children.  I know that Rule 1.2 requires me to abide by my client’s directives with respect to the objectives of the representation.  What are my options?

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The Engagement/Fee Agreement: An Opportunity Often Missed

Though written fee agreements are required only in contingent fee cases, most lawyers have incorporated letter agreements into their practices as a matter of course.  What is often missed in the grind of taking on a new client, obtaining the client’s signature on a standard engagement letter and filing the letter away, is the opportunity the agreement provides to serve as a blueprint for the representation.

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