Client Confidentiality and Privacy in LPOs LawQuest

Poorvi Chothani, Esq.

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

poorvi@lawquestinternational.com Tel:+11 (0) 22 6654 1671

Introduction
Attorney Client Confidentiality - More than Confidential Communication Includes attorneys 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 Associations - 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 Societys 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 Measures
Protect 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

Safety Measures
Install Quality Control Measures

Create Chinese walls

Use Confidentiality Agreements

Install Encryption Software

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