client confidentiality and privacy in lpo's

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Client Confidentiality and Privacy in LPOs LawQuest Poorvi Chothani, Esq. Correspondent to Cyrus D. Mehta & Associates, PLLC, New York - (US Immigration & Nationality Law) [email protected] Tel:+11 (0) 22 6654 1671

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Page 1: Client Confidentiality and Privacy in LPO's

Client Confidentiality and Privacy in LPOs

LawQuest

Poorvi Chothani, Esq.Correspondent to Cyrus D. Mehta & Associates, PLLC, New York - (US Immigration & Nationality Law)

[email protected]:+11 (0) 22 6654 1671

Page 2: Client Confidentiality and Privacy in LPO's

Introduction

•Attorney Client Confidentiality - More than Confidential Communication

•Includes attorney’s knowledge about the client in terms of handling a case and legal strategy

Page 3: Client Confidentiality and Privacy in LPO's

Client Confidentiality in the United States

All attorneys are duty bound to maintain confidentiality Subject to the

Admission to most of the US State Bars is subsequent to passing the Multistate Professional Responsibility Examination (MPRE)

Exam is based on the American Bar Association’s - Model Code of Professional Responsibility, Model Rules of Professional Conduct and the Model Code of Judicial Conduct

Page 4: Client Confidentiality and Privacy in LPO's

American Bar Association (ABA)Model Rules of Professional Conduct:

Rule 5.1

a) A partner in a law firm shall make reasonable efforts to ensure that the lawyers in the firm conform to the Rules of Professional conduct.

b) A lawyer having direct supervisory authority over another should ensure that the other lawyer conforms to the Rules of Professional conduct.

Page 5: Client Confidentiality and Privacy in LPO's

Rule 5.3

The conduct of all non-lawyers that they employ or retain is compatible with the professional obligations of the lawyer.

Rule 6.1

A Lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.

Page 6: Client Confidentiality and Privacy in LPO's

Katz v. United States

Two part test of privacy:

First, the person must have an actual expectation of privacy.

Second, that expectation must be objectively reasonable.

Page 7: Client Confidentiality and Privacy in LPO's

Client Confidentiality in the United Kingdom

Confidentiality and Disclosure Guidance (Explanatory Notes to rule 16 E)

A solicitor has a fundamental duty to keep all clients’ affairs confidential.

A solicitor should only share office services with other businesses if confidentiality is ensured

Page 8: Client Confidentiality and Privacy in LPO's

Law Society’s Solicitors Practice Rules 1990 (England & Wales)Confidentiality and Disclosure Guidance

(Explanatory Notes to rule 16 E)

A solicitor has a fundamental duty to keep all clients’ affairs confidential.

A solicitor should only share office services with other businesses if confidentiality is ensured

Page 9: Client Confidentiality and Privacy in LPO's

A solicitor can outsource work if he is satisfied that the provider is able to ensure confidentiality of any information

A solicitor should require confidentiality undertakings from the service provider

He should inform clients when availing of third party services

Page 10: Client Confidentiality and Privacy in LPO's

Deterrents:

Conservative and Reluctant Attitude of US and UK Law Firms

Concern of loss of confidentiality of attorney-client

Lack of Data Privacy Laws

Low Levels of Awareness of Ethical and Confidentiality Requirements

Availability of Relatively Inexpensive Temporary Resources

Page 11: Client Confidentiality and Privacy in LPO's

Indian Laws Bar Council of India Rules Indian Evidence Act 1872

The Advocates Act 1961

Information Technology Act 2000

Page 12: Client Confidentiality and Privacy in LPO's

Safety MeasuresProtect confidential information by redacting

Ensure security measures by LPO

Ensure stripping of meta-data and information about track changes

Provide Separate Storage Devices to Clients

Page 13: Client Confidentiality and Privacy in LPO's

Install Quality Control Measures

Create ‘Chinese walls’

Use Confidentiality Agreements

Install Encryption Software

Safety Measures

Page 14: Client Confidentiality and Privacy in LPO's

Conclusion

Outsourcing of High Level Work Requiring Legal Analysis Will Flow Once LPOs Provide High Levels of Confidence in the System