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There is no general ethical prohibition against maintaining attorneys' work product in a KM collection. Attorneys generally can keep copies of materials from their client files even after a representation ends, as long as they protect their clients' secrets and confidences appropriately. KM collections that do not take risk and compliance issues into consideration could, however, result in potential risk issues. A firm deciding what materials should be included in a KM collection should consider issues related to regulatory requirements and other legal obligations, as well as client instructions and firm policies. Firms should also take steps to educate their attorneys and staff about the materials that should (and should not) be included and on the appropriate use of the collection. Firms should set
appropriate policies to govern the use of the collection, and they should investigate technology that might be available to minimize potential risks.
Consider the Firm's Obligations The nature of the materials included in a KM collection
could create risks of inappropriate disclosure within the firm. Regulatory requirements such as relevant Health Insurance Portability and Accountability Act (HIPAA) regulations (45 C.F.R. Parts 160 and 164), International Traffic in Arms Regulations (ITAR) (22 C.F.R. Parts 120-30), state data privacy laws (e.g., 201 CMR 17.00) or other laws regulating particular types of data can impose limitations
ILTA White Paper 25
