Article 1
Summary:
The article begins with explaining the ethical duty of competence and how that
relates to modern technology. Using examples of encryption, cyber-security and email
handling, the article leads us into the main concept of redaction pitfalls, and how the ethics of
law play into redactions. The pitfalls of redaction were first spelt our by examples in recent
history such as the failure of Paul Manafort’s redacted court filings, and the Parkland Florida
High schools failure of redacting information related to the shooter. The article also goes over
how not redacting documents properly can lead to disciplinary action, such as in 2013 when an
Chicago lawyer was reprimanded for not properly redacting personal information in a federal
student loan collection case. The NSA has advised lawyers that redaction should not just hide
sensitive information, but remove it from the document itself. The article finishes off by adding
in the information from Model Rule 1.1, 1.6 and 1.15, about the need for technological
competence and preserving clients confidential information.
Link: https://www.lexology.com/library/detail.aspx?g=42a35260-310a-4371-b0d9-
80c3cc75de26
Author: Thompson Hine LLP
Summary:
The article begins with explaining the ethical duty of competence and how that
relates to modern technology. Using examples of encryption, cyber-security and email
handling, the article leads us into the main concept of redaction pitfalls, and how the ethics of
law play into redactions. The pitfalls of redaction were first spelt our by examples in recent
history such as the failure of Paul Manafort’s redacted court filings, and the Parkland Florida
High schools failure of redacting information related to the shooter. The article also goes over
how not redacting documents properly can lead to disciplinary action, such as in 2013 when an
Chicago lawyer was reprimanded for not properly redacting personal information in a federal
student loan collection case. The NSA has advised lawyers that redaction should not just hide
sensitive information, but remove it from the document itself. The article finishes off by adding
in the information from Model Rule 1.1, 1.6 and 1.15, about the need for technological
competence and preserving clients confidential information.
Link: https://www.lexology.com/library/detail.aspx?g=42a35260-310a-4371-b0d9-
80c3cc75de26
Author: Thompson Hine LLP
