> Semi-Annual Seminar - October 13, 2023 (Knudson School of Law - USD, Vermillion)
The ABA Standing Committee on Ethics and Professional Responsibility released a formal opinion, "“Reply All” in Electronic Communications" on November 2, 2022, about copying clients on emails. The opinion is available here. The ABA's press release states: It’s not uncommon for attorneys (especially in transactional matters) to copy clients on emails to opposing counsel. This opinion states that by doing so, the attorneys are giving implied consent for opposing counsel to ‘reply all’ (including to the clients) without violating Rule 4.2. There’s also a risk that the clients might inadvertently “reply all” to the chain and potentially disclose a privileged response. The opinion states that the best practice is to forward emails to the client after sending them to opposing counsel instead of copying them on the emails to avoid this scenario.
The Ethics Committee provided a supplement to the Bar's monthly newsletter, titled "COVID-19 Ethical Considerations." It is available here. The supplement addresses compliance with Rules 1.1 through 1.6 and Rules 5.1-5.3 in the era of COVID-19.
The Bar has provided insight regarding remotely-executed Wills under the South Dakota Supreme Court's April 14, 2020 Order Regarding Court Reports, Witnesses & Notarizations. The article, titled "Remote Execution of Wills and Living Wills Under the Supreme Court's Emergency Order," is available here. It provides suggestions on how to incorporate the provisions of the Order, along with a sample attestation that includes language specific to remote signatures and notarizations.
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