Conflicts Generally

LuciData takes steps to prevent any conflicts issues from arising. While there is no defined computer industry standard on conflicts, there is an unwritten code of confidentiality as to clients' legal or trade secrets. Knowing that its law firm clients require the highest levels of confidentiality, LuciData principals and staff - both lawyers and non-lawyers -- are familiar with and abide by the ABA Rules of Professional Conduct applicable to lawyers and their staff.

LuciData has chosen to adopt the strict standards of ABA Model Rule 5.7 to protect its clients' interests. ABA Model Rule 5.7 Responsibilities Regarding Law-Related Services: (a) A lawyer shall be subject to the Rules of Professional Conduct with respect to the provision of law-related services, as defined in paragraph (b), if the law-related services are provided: (1) by the lawyer in circumstances that are not distinct from the lawyer's provision of legal services to clients; or (2) by a separate entity controlled by the lawyer individually or with others if the lawyer fails to take reasonable measures to assure that a person obtaining the law-related services knows that the services of the separate entity are not legal services and that the protections of the client-lawyer relationship do not exist. (b) The term "law-related services" denotes services that might reasonably be performed in conjunction with and in substance are related to the provision of legal services, that are not prohibited as unauthorized practice of law when provided by a non-lawyer.

In addition, ABA Formal Opinion 95-398 (1995) addresses the issue. The opinion states that lawyers in a firm must take steps to ensure that a computer company protects the firm's client's confidences. The computer technicians would be considered to be non-lawyer assistants under Model Rule 5.3. Rule 5.3 states that lawyers have an obligation to ensure that the conduct of the non-lawyer employees they employ, retain, or become associated with is compatible with the professional obligations of the lawyer. The opinion stated further that should a significant breach of confidentiality occur, the lawyer may be obligated to disclose it to the client.

LuciData has adopted the approach of this opinion that all LuciData employees or contractors have a duty of confidentiality under the supervision of the attorneys working on or contracting for LuciData's services to the extent defined below.

Case Specific Conflicts of Interest Check:

To invoke a case specific conflicts of interest check , clients must provide to LuciData a list of all parties related to the case. Client understands that LuciData will rely on such information and/or PACER as the sole sources of information for such conflicts checks. Unless otherwise mutually agreed, LuciData will warrant that to the extent possible and LuciData is aware, after due diligence, neither LuciData nor its officers or employees or contractors retained to provide services to Client is or has been a party to the case specific lawsuit at issue. In addition, should LuciData find that it either (1) is a party to any material contract to provide services in the matter to the opposing parties or their counsel or (2) has provided or is now providing any substantial service in this matter to the opposing parties or their attorneys, they shall immediately disclose such relationships or contracts to the Client.

Confidentiality of Data

All Data furnished by or on behalf of Client, whether furnished before or after the date hereof, and regardless of the manner in which it is furnished, is referred to in Agreements as "Proprietary Information." Unless authorized to in writing by Client, LuciData agrees (a) except as required by law, to keep all Proprietary Information confidential and not to disclose or reveal any Proprietary Information to any person (i) other than those engaged by LuciData who otherwise need to know the Proprietary Information so that LuciData can observe the terms of this Agreement or (ii) those persons designated as an Authorized User or otherwise by Client, and (b) not to use Proprietary Information for any purpose other than in connection with an Agreement. The standard of care applicable to LuciData in connection with the Proprietary Information is industry standard security matters. At the request of Client, LuciData and its employees shall execute confidentiality agreements and any document incidental to any protective order in an action. LuciData acknowledges and agrees that it is an agent of Client for purposes of work-product, attorney-client, joint-interest, and other privileges. LuciData will immediately send notice as prescribed herein to Client upon service of any subpoena or other legal process for the production of any Proprietary Information and will fully cooperate with the efforts of Client to obtain a protective order with respect to such Proprietary Information at the sole cost and expense of Client. LuciData may publicize the fact Client has selected LuciData to provide services so long as it does not disclose any Proprietary Information.