Publications

Section Newsletter Articles on Confidentiality

Guidance for attorneys in dealing with cybersecurity risks By Lisa Jungman and Karen Tobin Business and Securities Law, June 2016 The advances in technology create numerous circumstances in which lawyers, through their own blunders, unwittingly reveal client confidences or violate attorney-client privilege.
Confidentiality orders and filing under seal By Patricia S. Smart Federal Civil Practice, December 2012 The United States District Courts for the Northern and Southern Districts of Illinois recently revised rules relating to the filing of documents under seal. The District Court for the Northern District also adopted a Model Confidentiality Order earlier this year.
Ensuring client confidentiality with best practices By Vincent Incopero Law Office Management and Economics, Standing Committee on, September 2012 As a prudent professional, are you aware of your professional and ethical obligations regarding the way that your practice handles personally identifiable information?
Silence is the new Golden Rule By Michael D. Wong Young Lawyers Division, April 2012 Under the recent change to Rule 1.6 of the Illinois Rules of Professional Conduct, without informed consent an attorney may not disclose ANY information regarding a case or representation, even if that information is of public record. 
Confidentiality issues for family lawyers By Marilyn Longwell Family Law, November 2009 It is extremely important for the family law practitioner to understand the parameters of and exceptions to client confidentiality.
Have you created a privacy policy? By David Clark Legal Technology, Standing Committee on, October 2008 With more and more information gathered electronically, everybody needs to consider a privacy policy.
E-mail encryption By Benjamin Gerber and Adam Nelson Legal Technology, Standing Committee on, August 2008 In this article, we will look at another use for cryptography in your everyday activities, encryption of communications, specifically of e-mail and e-mail attachments. We will then explain how to get started using encryption features in two of the most popular e-mail clients, Outlook and Thunderbird.
Information Security for the Solo and Small Firm Attorney By Adam Nelson and Benjamin Gerber Legal Technology, Standing Committee on, June 2007 It has become increasingly important for practicing attorneys to address information security and privacy requirements in their offices.
Practice Update: Who is your client? What document can you disclose By Bernard Wysocki General Practice, Solo, and Small Firm, October 2006 From a practical standpoint, it is important when you see a potential third party involvement, to secure written retainer and defining your representation.
Now you don’t see it—Now you do By Peter Mierzwa Legal Technology, Standing Committee on, May 2006 Are you sending documents to opposing counsel or third parties that contain (deleted) privileged client information?
Beware of putting attorney-client communications at issue or face waiver of privilege By Kathryn R. Hoying Civil Practice and Procedure, January 2006 In Lama v. Preskill, 353 Ill. App. 3d 300, 818 N.E.2d 443 (2nd Dist. 2004), the Second District Appellate Court affirmed the trial court’s judgment that certain contested documents were not protected by the attorney-client privilege, but reversed the trial court’s contempt order entered against plaintiff and her attorney for refusal to tender the contested documents to opposing counsel.
Confidentiality clauses may cause tax liability for plaintiffs in personal injury actions By Michael J. Marovich Civil Practice and Procedure, November 2005 After litigating a case for years, a just and fair settlement is reached between the parties.
Attorney-client privilege in the government sector: United States v. John Doe (In re Grand Jury Investigation) By Patricia M. Fallon Government Lawyers, September 2005 United States v. John Doe (In re Grand Jury Investigation), 399 F.3d 527, 535 (2d Cir. 2005) (In re Grand Jury Investigation) addresses a grand jury subpoena issued to Anne C. George, former chief legal counsel to the Office of the Governor of Connecticut.
Communications and confidentiality issues: A cautionary tale Government Lawyers, February 2005 As conversations over mobile communications are often not conducted in private areas, lawyers should refrain from using such forms of communication when discussing confidential client matters, unless they are confident that the general public cannot overhear the conversation