1 FIRST DISTRICT APPELLATE PROJECT TRAINING SEMINAR January 17, 2014 ETHICAL REQUIREMENTS OF DOCUMENT RETENTION & DISPOSAL ANYA EMERSON Staff Attorney First District Appellate Project January 2014
2 Ethical Requirements of Document Retention & Disposal 1:00 pm 1:30 pm Presented by Anya Emerson, FDAP Staff Attorney First District Appellate Project January 17, 2014
3 Presenter Anya Emerson Dependency Staff Attorney at the First District Appellate Project Many thanks to Staff Attorney Fran Ternus for her earlier article, Obligations of Appellate Attorney to Turn Over Files to Appellant/Successor Counsel (Jan. 24, 2004) First District Appellate Project <http://www.fdap.org/downloads/seminarp_and_e/seminar_1_04_client_files_materials.pdf>
4 Contents of a Client Case File Communications with appellant - typically, letters or s to and from appellant and notes of telephone conversations with appellant Formal documents and transcripts - such as filed pleadings and briefs, court orders and opinions, as well as discovery and the verbatim transcripts of the proceedings. Work product - defined as a writing that reflects an attorney s impressions, conclusions, opinions, or legal research or theories. (Code Civ. Proc., , subd. (a).) May be in electronic and/or hard copy format Client case files are now typically comprised of manila folders, bound briefs, records, and transcripts, along with electronic files on hard drives, laptops, CDs, DVDs, memory sticks, and on- and off-site servers.
5 Ethical Standards on Client Case Files The File Belongs to the Client As a general rule, the entire contents of the case file other than attorney work product belong to the client and must be provided to the client or successor counsel at the client s request. (Cal. State Bar Formal Opn ; see also Rules Prof. Conduct, rule 3-700(D)(1).) Work Product Exception There is no bar against giving a former client access to work product. The only question is whether the attorney can withhold the work product from the former client. An attorney has an ethical obligation to deliver work product to a former client, upon request, where the failure to do so will result in reasonably foreseeable prejudice to the rights of the former client or where a court orders the work product produced. (Cal. State Bar Formal Opn [ Thus, the attorney must turn over all papers and property in the client's file to the client or to successor counsel. This would include the entire contents of the file... and includes work product reasonably necessary to the client's defense. ].)
6 Rule 3-700: Client Papers and Property Rule 3-700(D)(1) of the Rules of Professional Conduct of the State Bar of California provides as follows: Subject to any protective order or non-disclosure agreement, promptly release to the client, at the request of the client, all the client papers and property. Client papers and property includes correspondence, pleadings, deposition transcripts, exhibits, physical evidence, expert s reports, and other items reasonably necessary to the client's representation, whether the client has paid for them or not.... (Rules Prof. Conduct, rule (D)(1).) The attorney must make such release of client papers and property at no cost to the client.
7 Electronic Client Case Files Must Also be Released at Client s Request Client papers and property is not a static concept. It includes items in electronic as well as nonelectronic form. (Cal. State Bar Formal Opn. No ) Upon client s request, Attorney must release to the client the electronic versions of all papers and property in question, at Attorney s expense, after first stripping each document of any and all metadata that contains confidential information belonging to other clients. (Id. at 3, citing Bus. & Prof. Code, 6068, subd. (e)(1).)
8 Preserving Confidentiality Transferring, retaining, and disposing of electronic and non-electronic client case files implicates confidentiality concerns. A lawyer has a duty to maintain inviolate the confidence, and at every peril to himself or herself, preserve the secrets of his or her client. (Bus. & Prof. Code, 6068, subd. (e)(1)). A member shall not reveal information protected from disclosure by Business and Professions Code section 6068, subdivision (e)(1) without the informed consent of the client. (Rules Prof. Conduct, rule 3-100(A).) The client s confidential information may not be revealed absent the informed written consent of the client. (Rule 3-100(A); Cal. State Bar Formal Opn. No ; Cal. State Bar Formal Opn. No )
9 File Belongs to Client: Practical Implications During the pendency of the appeal: Clients should be contemporaneously sent copies of pleadings and opinions as filed. When the appeal is over: Send client (or designee) the record on appeal (reporter s and clerk s transcripts). Doing so will help reduce costs and risks associated with long-term file storage. Upon the client s request, send client (or designee) the entire client case file, including attorney work product if withholding it would be prejudicial to the client. What this means in practice: Affirmatively encourage your client to accept the transcripts, if possible. Ensure confidentiality: If your client cannot or will not accept the transcripts (e.g., is incarcerated and the records reveal him to be a child molester), ask him/her if you can send them to a designated friend or family member. Where cases involve long records or sensitive information, make sure to get permission first from your client before sending the transcripts. Redact confidential information as appropriate (see below). Remove metadata if sending electronic files (see below). Send transcripts (make sure to verify address first). Optional: Scan and retain an electronic copy of the transcripts for your own records. Retain remainder of case file in long-term storage, including attorney work product, billing documents, etc.
10 Required Redactions Certain information must be redacted before releasing to the client case file materials and transcripts: Jurors names must be redacted from the record. (Code Civ. Proc., 237.) Further redaction may be required if, for example, you obtained files or documents (including police reports) from trial counsel. For instance, victims and witnesses addresses and phone numbers received by trial counsel in discovery pursuant to section , subdivision (a) of the Penal Code cannot be disclosed to anyone, including the defendant. (See Pen. Code, ) A victim of a sex offense may request nondisclosure of his/her name and/or address as well. (See Pen. Code, 293; Gov. Code, 6254, subd. (f)(2).) Dependency cases: Identity of mandatory reporters (Pen. Code, 11167) and names and addresses of foster parents may be confidential. (See e.g. Welf. & Inst. Code, 308(a), Cal. Rules of Court, rule 5.715, 5.720, ) See FDAP s Appeals Checklist, <http://www.fdap.org/t-checklist.shtml> See Elaine Alexander, Confidential Records (Dec. 2011) Appellate Defenders Inc. <http://www.adisandiego.com/news_alerts/pdfs/2011/confidential_records_pdf_ver sion.pdf>
11 Turning Over Electronic Files to Clients: Removing Metadata What is metadata? Data about data Metadata is hidden information about the document, which may include, for instance, comments, revisions, versions, annotations, document properties, invisible content and hidden text. Much metadata may be considered attorney work product, and may be treated the same as work product found in paper files, and may not need to or should not be disclosed to clients. (Orange County Bar Formal Opn ) All word processors attach metadata by default.
12 Removing Metadata cont. Metadata should be removed from electronic documents released to clients Upon client s request, Attorney must release to the client the electronic versions of all papers and property in question, at Attorney s expense, after first stripping each document of any and all metadata that contains confidential information belonging to other clients. (Cal. State Bar Formal Opn. No )
13 How to Remove Metadata: Instructions & Links General guide (Incl. OpenOffice): Official Microsoft instructions on removing hidden data from 2010/2013 editions of their software: Word: HA aspx Excel: HA aspx?CTT=1 Powerpoint: Removing metadata from earlier editions of MS Word: Removing metadata from Word 2011 for Mac: Removing WordPerfect metadata: X3: Any edition: Note that WordPerfect editions 13 and later have the option of choosing Save without metadata *FDAP has not tested, nor does it endorse, any of these products or procedures.
14 Retention of Client Case Files General rule for criminal attorneys: the client case file must be retained for the life of the client not the life of the attorney. Many of your clients may outlive you! Your obligation to retain client case files will likely persist after your death or incapacitation.
15 Reasons to Retain Client Case Files Criminal defense attorneys should retain files for the life of the client for multiple reasons, including: Habeas petitions, including ineffective assistance of counsel; malpractice claims; three-strikes defense; and actual innocence claims.
16 Retention of Files Cont. Juvenile Delinquency Case Files Same standards apply as in criminal cases Should also be retained for the life of the client Juvenile Dependency Case Files: Gray area between civil and criminal Should be retained for a substantial time period, if not the life of the client(?) Previous dependency cases may impact current and future dependencies (See e.g. Welf. & Inst. Code, 361.5, subds. (b)(10), (b)(11).)
17 Statutory Law on File Retention No California statute expressly governs client file retention BUT: A lawyer has a duty to maintain inviolate the confidence, and at every peril to himself or herself, preserve the secrets of his or her client. (Bus. & Prof. Code, 6068, subd. (e)(1)).
18 State Bar Rules of Professional Conduct California's professional standards are generally silent about lawyers' duties to maintain former clients' files. For instance, rule 3-700(D)(1) does not establish a fixed time period for which any particular item must be retained. Moreover, it does not provide guidance on when, if ever, a particular item may be discarded.
19 State Bar Formal Opinion on File Retention Although not binding authority, the State Bar of California Committee on Professional Responsibility and Conduct has issued a formal opinion on attorneys duties in retaining clients files. Specifically, the committee held that "client files in criminal matters should not be destroyed without the former client's express consent while the former client is alive." (Cal. State Bar Formal Opn. No )
20 Other Ethics Opinions on File Retention In a criminal matter, the lawyer must maintain the file for the life of the former client, unless authorized by the former client to destroy it or otherwise release it. Considerations pertaining to the criminal defendant s liberty interest in the proceedings and to the possibility of review of a criminal convictions by appeal or writ (even many years after conviction) warrant especially cautious treatment of criminal case files. (L.A. County Bar Assn. Formal Opn. No. 420.)
21 Other Ethics Opinions cont. If the client does not request the file, the client's right to the file continues after termination of the attorney-client relationship. Opinion No. 475 suggests file retention for at least five years after the matter is closed may be appropriate in some civil cases, but quotes Op. No. 420 that criminal files must be maintained for the life of the former client. (L.A. County Bar Assn. Formal Opn. No. 475 and No. 330.)
22 Other Ethics Opinions cont. The length of time papers must be maintained depends upon the nature of the document, the nature of the services rendered to the client, and any other factors to determine whether prejudice to the client would arise by destruction of the papers. We must stress that [the State Bar rules] do not address the number of years which an attorney must retain client papers. There is no rule that provides such a time period and, in our view, no rule should. The key... is the attorney s obligation as a bailee of the client s personal property and the need to retain papers which are necessary to preclude reasonably foreseeable prejudice to the client. This duty cannot be discharged merely by reference to a fixed time period. (S.F. Bar Assn. Formal Opn )
23 Ethics Opinions cont. In a 1977 informal opinion, the ABA Committee on Ethics and Professional Responsibility specifically refused to mandate a definitive time period during which a lawyer must preserve all files and beyond which s/he is free to destroy all files, advising instead that an attorney must use good common sense. While noting that a lawyer does not have a general duty to preserve all of his files permanently, the Committee cautioned against the destruction of original documents belonging to the client, the discarding of information that may be useful in the assertion or defense of the client s position, or the destruction of information that the client may need, has not previously been given to the client, and is not otherwise readily available to the client, and which the client may reasonably expect will be preserved by the lawyer. (ABA Com. on Ethics & Prof. Resp., informal opn. No (1977).
24 The Million Dollar Question: Can I retain my criminal client case files solely in electronic format? For example, may I scan client files, save them in pdf format, and then destroy the hard-copy documents? No California statute, ethical standard or bar opinion has yet to directly address this issue. The State Bar has clearly opined that criminal case files should not be destroyed without the former client's express consent while the former client is alive. (Cal. State Bar Formal Opn. No )
25 Million Dollar Question cont. Cal. State Bar Formal Opn. No , which concluded that client files in criminal matters should not be destroyed without the former client s express consent while the former client is alive, does not appear to bar electronic storage and destruction of hard copies. It was in answer to a different question (primarily length of file retention, not format), and is now more than a decade old. Its warning about electronic documents was a caveat to a statement allowing storage by microfilm or similar means : Not all recording by electronic means will suffice to protect the client from reasonably foreseeable prejudice. As indicated by Government Code section et seq., not all devices used to reproduce records accurately reproduce the originals in all details without permitting additions, deletions, or changes to the original document images. (Cal. State Bar Formal Opn. No )
26 Retention of Particular Hard Copy Documents Particular hard-copy documents may need to be retained or should be retained by law: Current Rules of Court require the retention of certain original documents signed under penalty of perjury or by multiple parties (e.g., stipulations) for electronic filing purposes. (Rules of Court, rule 8.77(a), 8.77(c).) Original declarations (especially by lay people or witnesses) should be retained (e.g., in habeas cases, to ensure authenticity) Original documents of independent legal significance (wills, trusts, etc.) must be maintained pursuant to the Probate Code. Death certificate (e.g., in appeal abated) Exculpatory letter from a third-party to the defendent Naturalization records and certificates of citizenship may not be copied (18 U.S.C )
27 Other Ethics Opinions on Electronic Document Retention Arizona Opinion (6/2007) In appropriate cases and with appropriate safeguards, a lawyer ethically may keep active and closed client files as electronic images in an attempt to maintain a paperless law practice, with the understanding that he or she may need to provide paper versions to the client and any subsequent attorney. However, until the file legitimately may be destroyed... a lawyer may not, without client consent, destroy original paper documents [except for letters to the attorney from the client] that belong to or were obtained from the client. Similarly, a lawyer may not, without client consent, convert to digital images and then destroy photocopies or facsimiles of documents obtained from the client if the lawyer has reason to know the client expects the lawyer to keep the paper documents.
28 Other Ethics Opinions cont. Maine Opinion 183 (1/28/04) finds that a lawyer may store client correspondence and documents in electronic format without keeping a paper copy, but must retain them in a way that permits the client and the lawyer to access them in the future. For example, the lawyer may need to retain old versions of software in order to ensure access to particular documents.
29 Other Ethics Opinions cont. Missouri Opinion (11/01-12/01) advises that a lawyer who wants to scan closed client files onto a CD-ROM may not then dispose of the hard copy of the files without the clients' permission. The hard copy of a file belongs to the client.
30 Other Ethics Opinions cont. Virginia Ethics Opn (9/30/05) Finding no per se ethical prohibition against maintaining paperless client files, the panel concluded that lawyers generally may destroy paper copies of documents if the client consents and may retain only scanned electronic copies, except for items that have independent legal significance such as testamentary documents and marriage certificates. Subject to the need to preserve such documents, lawyers may even require clients to consent to electronic files as a condition for representation in the first place.
31 Ethical implications of electronic document storage Attorney must take reasonable steps to protect and secure the client s information (Cal. State Bar Formal Opn. No ; Cal. State Bar Formal Opn. No ) Must ensure confidentiality (e.g., choose data service providers with care, and use firewalls, secure user names & passwords, encryption, anti-virus software etc.) Must ensure digital backups exists (extra hard drive, storage in the cloud, off-site server, etc.) Must ensure electronic files are maintained in readily-accessible format (i.e., no more floppy disks!) Must ensure your designated successor counsel knows how to access the information if necessary (identity of passwords, location of hard drives) Try to save documents in non-modifiable format (e.g., pdf rather than Word version).
32 Ethical Obligations for Document Destruction and Disposal If, in your professional judgment, a document (or copy thereof) can be discarded, what ethical obligations apply? Duties of confidentiality and client secrets continue (Prof. Conduct, rule 3-100(A).) Thus, the duty stated in section 6068, subdivision (e) applies to the storage, handling, and ultimate disposition of the files and papers of former clients. Accordingly, the attorney is obliged to use a method of destruction that will ensure no breach of confidentiality. (Cal. State Bar Formal Opn. No )
33 Practical Implications All hard copy documents which can be destroyed must be shredded or otherwise rendered indecipherable. (See Civil Code , which provides for penalties up to $3000 for a violation of this requirement.) Personal client information cannot simply be thrown in the trash. Confidentiality must be preserved pursuant to Business and Professions Code 6068, subd. (e) and Evidence Code 950 et seq. [attorneyclient privilege] Both paper and digital shredding services are commonly available (e.g., Green Citizen, Corovan)
34 Disposal of Electronic Data Electronic documents and equipment must also be digitally shredded. (Cal. State Bar Formal Opn. No ) A free program for PCs is a Microsoft product called SDelete, for secure delete, which writes over the relevant portions of the hard drive. Download available at: A similar free program For Macs is Eraser : Download available at: Eraser/ _ html *FDAP has not tested, nor does it endorse, any of these products.
35 Digital Shredding cont. Securely delete files from a Mac: delete_files.html Securely delete files from a PC (with product recs and screen shots): Securely wipe a hard drive or flash drive with Roadkill's Disk Wipe: *FDAP has not tested, nor does it endorse, any of these products.
36 Bibliography Materials on Client File Retention, ABA Center for Professional Responsibility, <http://www.americanbar.org/groups/professional_respon sibility/services/ethicsearch/materials_on_client_file_reten tion.html> Fran Ternus, Obligations of Appellate Attorney to Turn Over Files to Appellant/Successor Counsel (Jan. 24, 2004) First District Appellate Project <http://www.fdap.org/downloads/seminarp_and_e/seminar_1_04_client_files_materials.pdf> Elaine Alexander, Confidential Records (Dec. 2011) Appellate Defenders Inc. <http://www.adisandiego.com/news_alerts/pdfs/2011/confidential_rec ORDS_PDF_version.pdf>
37 List of Relevant California Ethics Sources Rules Prof. Conduct, rule 3-700(D)(1) [ client papers and property belong to the client]. Rules Prof. Conduct, rule 3-100(A) [do not reveal client s confidential information without informed consent]. Cal. State Bar Formal Opn [attorney must release client file to client and/or successor counsel, including work product if otherwise prejudicial]. Cal. State Bar Formal Opn. No [retention and destruction of former client files] Cal. State Bar Formal Opn. No [electronic files must be released to client without metadata]. Cal. State Bar Formal Opn. Nos & [must take reasonable steps to ensure confidentiality of electronic client information]. S.F. Bar Assn. Formal Opn [no fixed time period for file retention]. L.A. County Bar Assn. Formal Opn. Nos. 420 & 475 [criminal files must be maintained for life of client]. ABA Com. on Ethics & Prof. Resp., informal opn. No (1977) [use common sense, but do not destroy documents client may need]. ABA Com. on Ethics & Prof. Resp., Formal Opn (1992) [solo practitioners must have a plan in place in case of death].
ORANGE COUNTY BAR ASSOCIATION Formal Opinion 2011-01 (Collaborative Family Law) Issue: Can a family lawyer enter into a collaborative law agreement consistent with her ethical duties, notwithstanding the
WHERE THERE S A WILL, THERE S A... DUTY?: A CLOSER LOOK AT THE SAFEKEEPING OF CLIENTS ORIGINAL ESTATE PLANNING DOCUMENTS Jennifer A. Kosteva Before the ink has dried on their newly executed wills, clients
THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2012-184 ISSUE: DIGEST: AUTHORITIES INTERPRETED: May an attorney maintain a virtual law office
Guidelines for Development of a File Retention and Destruction Policy for Missouri Law Firms WARNING AND DISCLAIMER These Client File Retention and Destruction Guidelines are intended for general informational
Published by American Law Institute-American Bar Association Continuing Professional Education six times a year A Model Electronic File Policy For The Law Office (With Form) A Model Electronic File Policy
The Role of Defense Counsel in Ineffective Assistance of Counsel Claims I. Every criminal defense lawyer will, at sometime or another, be challenged as ineffective it comes with the territory. It is natural
N.J.L.J. N.J.L. Advisory Committee on Professional Ethics Appointed by the Supreme Court of New Jersey Opinion 701 Advisory Committee on Professional Ethics Electronic Storage And Access of Client Files
NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS NO 12-09 Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client s interests, including surrendering
Pennsylvania Bar Association Legal Ethics and Professional Responsibility Formal Opinion 99-120 Retention of Client Files The Pennsylvania Bar Association Committee-on Legal Ethics and Professional Responsibility
Louisiana State Bar Association Rules of Professional Conduct Committee 1 January 4, 2006 Client File Retention There is no comprehensive rule on retaining closed client files. The rule relating to safekeeping
Reflections on Ethical Issues In the Tripartite Relationship [click] By Bruce A. Campbell 1 Introduction In most areas of the practice of law, there are a number of ethical issues that arise on a frequent
How to Apply for a Pardon State of California Office of the Governor Statement of Philosophy A California Governor's pardon is an honor traditionally granted only to individuals who have demonstrated exemplary
MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program The following is submitted as a Model Mentoring Plan for the criminal defense practice field. It was prepared by an experienced
! Parties:! THIS AGREEMENT is made on the day of, 2012, in Plano, Collin, Texas, between ("Client"), and Reeves Law Firm, P.C. ("Attorney"):! In consideration of the mutual promises herein contained, the
TALKING TRASH RECYCLED (AGAIN): Guidelines for Retention and Destruction of Client Files By Constance V. Vecchione, Bar Counsel In 2001, bar counsel posted an article on this website entitled Talking Trash
COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, F065134 v. Kern County Superior Court ARMANDO ALVAREZQUINTERO, No. BF132212A
ORANGE COUNTY BAR ASSOCIATION Formal Opinion 2014-1 (Ghostwriting by Contract Lawyers and Out-of-State Lawyers) Issue: What ethical issues are raised when (1) a lawyer licensed to practice law only outside
1 1 1 1 1 BOURNE INTERNATIONAL, INC., v. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON Plaintiff, CHET STOLER; SOUTH SEAS TRADING CO., Defendants. STIPULATION NO. C0-0RJB PROTECTIVE ORDER
Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative
UNDERSTANDING AND RESPONDING TO SUBPOENAS: A GUIDE FOR IMMIGRATION ATTORNEYS REPRESENTING U- VISA APPLICANTS This guide was developed in May 2010 by Samantha Barbas and Joelle Emerson, students in Stanford
CALIFORNIA CODES GOVERNMENT CODE SECTION 68150-68153 68150. (a) Trial court records may be created, maintained, and preserved in any form or forms of communication or representation, including paper, optical,
NAPD Formal Ethics Opinion 14-1 Social workers and other healthcare professionals may not report child or elder abuse without the express contemporaneous permission of the lawyer for whom they are doing
INSTRUCTION FOR ATTORNEY APPLICATION AND AGREEMENT 1. Application. Complete the Application in legible print or type. Attach the appropriate Classification form, requested documentation, and the applicable
LEGAL ETHICS OPINION 1814 UNDISCLOSED RECORDING OF THIRD PARTIES IN CRIMINAL MATTERS In this hypothetical, a Criminal Defense Lawyer represents A who is charged with conspiracy to distribute controlled
NEW HAMPSHIRE BAR ASSOCIATION Ethics Committee Formal Opinion 1993-94/7 Candor to Tribunal: Use of Questionable Evidence In Criminal Defense January 27, 1994 RULE REFERENCES: *Rule 1.2 *Rule 1.2(a) *Rule
NO. STATE OF TEXAS, IN THE DISTRICT COURT OF Plaintiff, v. LIBERTY COUNTY, TEXAS CVS PHARMACY, INC. Defendant. JUDICIAL DISTRICT PLAINTIFF S ORIGINAL PETITION AND APPLICATION FOR INJUNCTION TO THE HONORABLE
SAMPLE TEMPLATE Massachusetts Written Information Security Plan Developed by: Jamy B. Madeja, Esq. Erik Rexford 617-227-8410 firstname.lastname@example.org Each business is required by Massachusetts law
SUBCHAPTER III. CRIMINAL PROCESS. Article 17. Criminal Process. 15A-301. Criminal process generally. (a) Formal Requirements. (1) A record of each criminal process issued in the trial division of the General
WASHINGTON STATE BAR ASSOCIATION GUIDE TO BEST PRACTICES FOR CLIENT FILE RETENTION AND MANAGEMENT Prepared by Law Office Management Assistance Program (LOMAP) and Professional Responsibility Counsel March
PROPOSED MINIMUM STANDARDS SET 1 FOR DISTRIBUTION June 22, 2015 Introduction The statute creating the Michigan Indigent Defense Commission (MIDC) provides: The MIDC shall implement minimum standards, rules,
Lawyer Referral and Information Service 301 Battery Street, Third Floor San Francisco, CA 94111 Telephone: (415) 477-2374 Fax: (415) 477-2389 URL: www.sfbar.org APPLICATION FOR JUVENILE DELINQUENCY LAW
HOUSTON LAWYER REFERRAL SERVICE, INC. RULES OF MEMBERSHIP The Houston Lawyer Referral Service, Inc. (HLRS) is a non-profit corporation sponsored by the Houston Bar Association, Houston Young Lawyers Association,
[Date] [client name and address] Re: Your appeal Dear Mr./Ms. : I am the attorney who has been appointed by the Sixth District Court of Appeal to represent you on your appeal. An appeal is limited to matters
WHEN A CHILD MAY HAVE A TORT CLAIM: WHAT S THE CHILD S COURT- APPOINTED ATTORNEY TO DO? The Oregon Child Advocacy Project Professor Leslie J. Harris and Child Advocacy Fellows Colin Love-Geiger and Alyssa
BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html
Local Rules of Court Geauga County Court of Common Pleas Probate Division (Effective July 1, 2009) Index to Rules Local Probate Rule 1...Hours of Court Local Probate Rule 2...Examination of Files, Records
California State University, Sacramento INFORMATION SECURITY PROGRAM 1 I. Preamble... 3 II. Scope... 3 III. Definitions... 4 IV. Roles and Responsibilities... 5 A. Vice President for Academic Affairs...
Handbook on Conducting Research on Social-Networking Websites in California 1 Created by David Lee and Shane Witnov 2 Samuelson Law, Technology & Public Policy Clinic, UC Berkeley School of Law for The
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA IN THE MATTER OF: ) ) GENERAL ORDER No. 10-07 ORDER AUTHORIZING ) ELECTRONIC FILING ) (Supersedes General Order ) Nos. 08-02 and 08-11) ) Table
LEGAL ETHICS OPINION 1712 http://www.vacle.org/opinions/1712.txt TEMPORARY LAWYERS WORKING THROUGH A TEMPORARY PLACEMENT SERVICE You have presented a hypothetical situation in which a staffing agency recruits,
ProFESSIONAL COUNSELSM Advice and Insight into the Practice of Law Caution in the Cumulus: Lawyers Professional & Ethical Risks and Obligations Using the Cloud in Their Practice A Cna Professional Counsel
The Ethics of Metadata Hans P. Sinha Clinical Professor National a Center for Justice and the Rule of Law University of Mississippi School of Law Copyright 2010 National Center for Justice and the Rule
STATE OF WEST VIRGINIA At a Regular Term of the Supreme Court of Appeals, continued and held at Charleston, Kanawha County, on September 29, 2014, the following order was made and entered: Re: Approval
Senate Engrossed State of Arizona Senate Forty-fifth Legislature First Regular Session 0 SENATE BILL AN ACT AMENDING SECTION -, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 00, CHAPTER, SECTION ; AMENDING
PROFESSIONAL COUNSELSM ADVICE AND INSIGHT INTO THE PRACTICE OF LAW Lawyers Toolkit 3.0: A Guide to Managing the Attorney-Client Relationship A CNA PROFESSIONAL COUNSEL GUIDE FOR LAWYERS AND LAW FIRMS The
Arizona Rules of the Supreme Court 38(d) (d) Clinical Law Professors and Law Students 1. Purpose. This rule is adopted to encourage law schools to provide clinical instruction of varying kinds and to facilitate
The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 Role of Juvenile Defense Counsel: Forensic Exercise: Question
NOTE: This material is intended as only an example which you may use in developing your own form. It is not considered legal advice and as always, you will need to do your own research to make your own
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent
MASSACHUSETTS IDENTITY THEFT RANKING BY STATE: Rank 23, 66.5 Complaints Per 100,000 Population, 4292 Complaints (2006) Updated January 17, 2009 Current Laws: Identity Crime: A person is guilty of identity
THIS OPINION IS MERELY ADVISORY AND IS NOT BINDING ON THE INQUIRING ATTORNEY, OR THE COURTS OR ANY OTHER TRIBUNAL. DELAWARE STATE BAR ASSOCIATION COMMITTEE ON PROFESSIONAL ETHICS Opinion-1991-3 June 18,
SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CIVIL MEDIATION PROGRAM GUIDELINES 1. Description. The Superior Court of California, County of Orange (Court), offers a voluntary civil mediation program for
Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held
ETHICAL USE OF EVIDENCE DERIVED FROM MULTIPLE SOCIAL MEDIA OUTLETS ASSOCIATION OF CORPORATE COUNSEL PARALEGAL INSTITUTE OCTOBER 7, 2014 Presented by: Mitchell D. Dean, Esq. Heather E. Paradis, Esq. Daley
Case 1:11-cr-00364-TWT Document 5-1 Filed 07/29/11 Page 1 of 14 United States Attorney Northern District of Georgia GUILTY PLEA and PLEA AGREEMENT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA
Information Technology Security Policies Randolph College 2500 Rivermont Ave. Lynchburg, VA 24503 434-947- 8700 Revised 01/10 Page 1 Introduction Computer information systems and networks are an integral
Policy Number: M-17 University of Louisiana System Title: RECORDS RETENTION & Effective Date: OCTOBER 10, 2012 Cancellation: None Chapter: Miscellaneous Policy and Procedures Memorandum Each institution
ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation
Case 1:11-cr-00326-SCJ-JFK Document 119-1 Filed 01/20/12 Page 1 of 16 GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF
Filed 2/19/10 Vince v. City of Orange CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified
OVERVIEW OF RULES PERTAINING TO TRANSACTIONS CODE OF VIRGINIA 2.2-3112 + 2.2-3115 THE VIRGINIA STATE AND LOCAL GOVERNMENT CONFLICT OF INTERESTS ACT 1. Introduction. By Kathleen Dooley, Fredericksburg City
APPLICATION F CRIMINAL LAW PANELS Lawyer Referral and Information Service 301 Battery Street, 3rd Floor San Francisco, CA 94111 Telephone: (415) 477-2374 Fax: (415) 477-2389 URL: http://www.sfbar.org Name:
BENCHMARK MEDICAL LLC, BUSINESS ASSOCIATE AGREEMENT This BUSINESS ASSOCIATE AGREEMENT ( Agreement ) dated as of the signature below, (the Effective Date ), is entered into by and between the signing organization
FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,
Tenth Judicial Circuit of Florida Information Systems Acceptable Use s Polk, Hardee and Highlands Counties as of January 2014 The following guidelines define the acceptable use of information technology
LEGAL ETHICS OPINION 1712 TEMPORARY LAWYERS WORKING THROUGH A TEMPORARY PLACEMENT SERVICE. You have presented a hypothetical situation in which a staffing agency recruits, screens and interviews lawyers
File Management: Retention and Destruction R ISK MANAGEMENT PRACTICE GUIDES OF LAWYERS MUTUAL 5020 Weston Parkway, Suite 200, Cary, North Carolina 27513 Post Office Box 1929, Cary, North Carolina 27512-1929
No person... shall be compelled in any criminal case to be a witness against himself nor be deprived of life, liberty or property without due process of law. Amendment V. Defendant may not be compelled
Opinion #177. Advancing Litigation Costs Through Lines of Credit Issued by the Professional Ethics Commission Date Issued: December 14, 2001 Facts and Question An attorney has requested an opinion on whether
M.R. 3140 IN THE SUPREME COURT OF THE STATE OF ILLINOIS Order entered February 16, 2011. (Deleted material is struck through and new material is underscored.) Effective immediately, Supreme Court Rules
ETHICS IN JUVENILE CASES THE DEFENSE PERSPECTIVE 19 th ANNUAL JUVENILE LAW CONFERENCE PROFESSOR ROBERT O. DAWSON JUVENILE LAW INSTITUTE February 22 24, 2006 Westin Park Central Hotel Dallas, Texas BRIAN
TAKE-1 YOU AND YOUR LAWYER XVIII AIRBORNE CORPS LEGAL ASSISTANCE OFFICE YOU AND YOUR LAWYER 1. Q. HOW DO I CHOOSE A PRIVATE ATTORNEY? A. There are many ways to select a private attorney if you do not have
ELEVENTH CIRCUIT GUIDE TO ELECTRONIC FILING Introduction The United States Court of Appeals for the Eleventh Circuit requires attorneys to file documents electronically, subject to exceptions set forth
Metadata, Electronic File Management and File Destruction By David Outerbridge, Torys LLP A. Metadata What is Metadata? Metadata is usually defined as data about data. It is a level of extra information
LAWYER REGULATION SANCTIONED ATTORNEYS SUZANNE BAFFA Bar No. 022807 Supreme Court No. SB-06-0159-M The Arizona Supreme Court, by order dated Feb. 12, 2007, revoked the license to practice law of Suzanne
Electronic Discovery and Disclosure: Managing & Producing Electronic Information Washington State Office of the Attorney General 1 Overview of Presentation EDD (Electronic Discovery and Disclosure) ESI
COMMONWEALTH OF MASSACHUSETTS JUVENILE COURT DEPARTMENT JUVENILE COURT RULES FOR THE CARE AND PROTECTION OF CHILDREN Rule 1. Scope of Rules These rules apply to all actions in the Juvenile Court Department
HIPAA BUSINESS ASSOCIATE AGREEMENT This HIPAA Business Associate Agreement ("BA AGREEMENT") supplements and is made a part of any and all agreements entered into by and between The Regents of the University
TO BE PUBLISHED IN THE OFFICIAL REPORTS OFFICE OF THE ATTORNEY GENERAL State of California BILL LOCKYER Attorney General : OPINION : No. : of : May 23, 2001 : BILL LOCKYER : Attorney General : : ANTHONY
A Power of Atrney may be created if the parent, guardian, or cusdian of the child is any of the following: 1. Seriously ill, incarcerated, or about be incarcerated 2. Temporarily unable provide financial
CYBERSECURITY: THREATS, SOLUTIONS AND PROTECTION Robert N. Young, Director Carruthers & Roth, P.A. Email: email@example.com Phone: (336) 478-1131 TOPICS 1. Threats to your business s data 2. Legal obligations