client confidentiality and privacy in lpo's
TRANSCRIPT
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
Introduction
•Attorney Client Confidentiality - More than Confidential Communication
•Includes attorney’s knowledge about the client in terms of handling a case and legal strategy
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
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.
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.
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.
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
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
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
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
Indian Laws Bar Council of India Rules Indian Evidence Act 1872
The Advocates Act 1961
Information Technology Act 2000
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
Install Quality Control Measures
Create ‘Chinese walls’
Use Confidentiality Agreements
Install Encryption Software
Safety Measures
Conclusion
Outsourcing of High Level Work Requiring Legal Analysis Will Flow Once LPOs Provide High Levels of Confidence in the System