Justice Kagan to discuss pro bono service with ABA president
In honor of the 10th anniversary of the National Celebration of Pro Bono, American Bar Association President Bob Carlson will sit down with U.S. Supreme Court Associate Justice Elena Kagan at Georgetown University Law Center to discuss pro bono service Oct. 24 in Washington, D.C.
The National Celebration of Pro Bono began in 2009 to showcase pro bono service. In the 10 years since, more than 7,000 events have taken place in all 50 states, the District of Columbia, Puerto Rico and Canada.
Kagan is the honorary chair of the 2018 National Celebration of Pro Bono.
The annual week of service has focused on specific themes in the past four years, including legal services to veterans and homeless youth. Last year was a record year for natural disasters across the country, and Carlson has chosen to highlight pro bono services directed at disaster resiliency as this year’s theme.
“Justice Kagan has been an ardent supporter of pro bono service throughout her career,” said Carlson, “I look forward to speaking with her about the incredible difference pro bono lawyers make to the clients they serve, our communities, our system of justice and our nation. During the Celebration of Pro Bono, we can all help repair damage in our communities and make a difference for all others in need across America.”
ABA issues new guidance on lawyer obligations after a cyber breach or attack
The American Bar Association Standing Committee on Ethics and Professional Responsibility released today Formal Opinion 483 that reaffirms the duty that lawyers have to notify clients of a data breach and details reasonable steps for them to take to meet obligations set forth by ABA model rules.
The opinion underscores the importance for lawyers to both plan beforehand for an electronic breach or cyberattack and to understand how model rules come into play when an incident is either detected or suspected. Specifically, these ABA Model Rules of Professional Conduct might apply to such an incident:
• Model Rule 1.1 (competence), which requires lawyers to develop sufficient competence in technology to meet their obligations under the rules after a breach.
• Model Rule 1.15 (safekeeping property), which requires lawyers to protect trust accounts, documents and property the lawyer is holding for clients or third parties.
• Model Rule 1.4 (communication), which requires lawyers to take reasonable steps to communicate with clients after an incident.
• Model Rule 1.6 (confidentiality), which covers issues dealing with confidentiality of the client-lawyer relationship.
• Model Rule 5.1 (lawyer oversight), which addresses the added responsibilities of a managing partner or supervisory lawyer.
• Model Rule 5.3 (nonlawyer oversight), which addresses the responsibilities of those in supervisory capacities who are nonlawyers.
“When a breach of protected client information is either suspected or detected, Rule 1.1 requires that the lawyer act reasonably and promptly to stop the breach and mitigate damage resulting from the breach,” Formal Opinion 483 says. “How a lawyer does so in any particular circumstance is beyond the scope of this opinion. As a matter of preparation and best practices, however, lawyers should consider proactively developing an incident response plan with specific plans and procedures for responding to a data breach. The decision whether to adopt a plan, the content of any plan and actions taken to train and prepare for implementation of the plan should be made before a lawyer is swept up in an actual breach.
