Write me a memo for the assignment below and make sure when you are addressing the questions that you elaborate:

Gmail and Google Workspace offer lawyers an arrangement where, in exchange for data from emails (and possibly file attachments), inexpensive or free email service is provided. In return, Google "asks" the lawyer to consent to: (1) in context advertising provided to free Gmail accounts, (2) data mining to "profile" both the sender and recipients, and (3) merging of profiled data with other user data collected by Google from its other products such as YouTube. _____________________________________________________________________________ A lawyer's duty to maintain the confidentiality of privileged communications is unquestionable. 1. Given Google's scanning and data mining capabilities, can lawyers using Gmail and Google Workspace comply with that duty without their clients' informed consent? What ethical rules would apply to unencrypted electronic communications between a lawyer and a client? How are they applicable? CONSIDER THE FOLLOWING: Rule 1.6 - Confidentiality of Information General Rule: All information relating to the representation of a client shall be kept confidential. (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted or required by paragraphs (b), (c) or (d) or ER 3.3(a)(3). (e) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. Consider the implications of Rule 1.6 (a) and (e) which require that the client provide informed consent to the disclosure of confidential information. 2 2. How does the use of Gmail and Google Workspace affect this directive? If the lawyer or client marks the subject line of Gmail as "PRIVILEGED," is that sufficient notice to Google that the lawyer or client asserts their privacy interests, therefore, Google should not collect the information? ______________________________________________________________________________ The attorney-client relationship is the cornerstone of legal practice. A client seeking legal advice and assistance relies heavily on what is communicated and recommended by the lawyer. 3. Is the client obligated to follow the lawyer's advice regarding the lawyer's preference for and use of Gmail and Google Workspace for client communications? If a lawyer's business practices (such as the use of Gmail by the lawyer for client communications) conflict with a client's requests, how is this best resolved? CONSIDER THE FOLLOWING: Ethical Rule 1.2 - Scope of Representation and Allocation of Authority Between Client and Lawyer (a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client's decisions concerning the objectives of representation, and as required by ER 1.4, shall consult with the client as to the means by which they are pursued. A lawyer may take action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to the plea to be entered, whether to waive jury trial and whether the client will testify. Ethical Rule 2.1 - Advisor In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors that may be relevant to the client's situation. ______________________________________________________________________________ The utilization of in context advertising and data mining must also be examined in order to determine if these practices violate the Ethical Rules. 4. Can lawyers give advance consent to data mining and profiling of a client's Gmail and attachments or should lawyers properly obtain express client consent? 3 CONSIDER THE FOLLOWING: Ethical Rule 8.4 - Misconduct It is professional misconduct for a lawyer to: (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation. * * * * * * ** * * * * * ** * * * * * ** * * * * * ** * * * * * ** * * * * * ** * * * * * ** * * * * This assignment is to be written in memo format using the required template and must be double spaced. You may single space for block paragraphs only. Your finished product should contain at least 1,000 words in the body of the memo in order to fully discuss this topic. Cite to specific Ethical Rules and appropriate subsections in formulating your discussion. Be sure to read the Comments to the Rules as they may provide additional insight on how to apply the rules. The Ethical Rules as well as the Comments to the Ethical Rules can be found on the State Bar of Arizona website. Only the Arizona Ethical Rules can be used (do not use the ABA Model Rules). Only quote the portion of the rule you are specifically discussing. Some of the Ethical Rules you might want to consider have been cited above. This is not an all-inclusive list. You should find other rules that may also need to be considered. In addition, consider advisory Ethical Opinions related to communications with clients and the duty of confidentiality related to the use of technology in legal practice. The Arizona Ethical Opinions can be found on the State Bar of Arizona's web site. You may also consider Ethical Opinions from the ABA's web site. Be sure to write in the third person keeping in mind you are conveying research information to your attorney (not your personal opinion) so they can make an informed decision on this issue. ADDITIONAL INSTRUCTIONS FOR LONG MEMO ASSIGNMENT You may send a draft of your Long Memo to me for review no later than Wednesday, November 19, 2025 at 10:00 p.m. Please send it as an attachment to a message to me in Canvas with the following subject line: Draft Long Memo. Do not upload your draft Long Memo. 1. LONG MEMO TEMPLATE- you are required to use the template I provided for the assignment. If you recreate the Long Memo Template and it is not exactly as the template I provided, points will be deducted. 2. HEADINGS- the 4 headings in the Long Memo Template must be included, appear only once in the Long Memo, and cannot be repeated. 3. ISSUES Section- either include a paragraph that paraphrases all questions in the assignment OR list each of the questions posed in the assignment. If you list the questions, do not number them. Please note that the questions do not count as part of the minimum 1,000 word count for the assignment. 4. RULES AND OTHER RESOURCES Section- list all rules to be addressed in the Long Memo by rule number and name only. Do not include any sections of any of the rules- just the rule number and name only in a list in rule number order. Each rule should be on a separate line. This also applies to any rule amendments, rule comments, ethical opinions, case law, articles and any other resources you utilize- they are to be listed in this section, each on a separate line. The rules and other resources will be identified (listed) in the Rules and Other Resources Section. You will analyze the rules and resources in the Analysis Section. List the rules first. If you also use other resources, list everything in the following order: Arizona Ethical Rules (include rule amendments and rule comments here) Arizona Ethical Opinions ABA Ethical Opinions Case Law Articles You may use bullet points in your list to identify each item. Please note that you are required to use the Arizona Ethical Rules. You may not use the ABA Rules. You may use ABA Ethical Opinions. 5. ANALYSIS Section- this is the longest section of the Long Memo. You may use subheadings (not bolded- underlined or italicized only) to distinguish between the questions addressed (as identified in the Issues Section) and/or the corresponding ethical rules. Please note that you are required to: 1. Provide sound analysis of each issue; 2. Apply the applicable ethical rules (and other resources you identified in the Rules and Other Resources Section) to each issue; and 3. Clearly explain why the rules (and other resources) are applicable to each issue. 6. CONCLUSION Section- this is a short section of the Long Memo that should encompass no more than one (1) short summarizing paragraph.