Ethics Opinions

Committee on Professional Ethics Topic: E-mailing Documents that May Contain Hidden Data Reflecting Client Confidences and Secrets Digest of the Committee: “Lawyers must exercise reasonable care to prevent the disclosure of confidences and secrets contained in ‘metadata’ in documents they transmit electronically to opposing counsel or other third parties.” Rules: DR 1-102(A)(5), 4-101(B), (C), (D), EC […]

Committee on Professional Ethics  Topic: E-mail Encryption Conclusion of the Committee: “The transmission of confidential information by way of e-mail or mobile (or cell) phone, absent extraordinary circumstances, does not violate Rule 1.6. Extraordinary circumstances include circumstances in which the lawyer should reasonably anticipate the possibility that his or her communication could be intercepted and confidences […]

Committee on Professional Ethics Topic: Use of Computer Software to Surreptitiously Examine and Trace E-mail and Other Electronic Documents Digest of the Committee: “Lawyers may not ethically use available technology to surreptitiously examine and trace e-mail and other electronic documents.” Rules: DR 1-102(A)(4), DR 1-102(A)(5), DR 4-101, DR 7-102(A)(8), Canon 4, Canon 7, EC 4-1   […]

Topic: E-mail Encryption From the Opinion: “An attorney may transmit information relating to the representation of a client by encrypted or unencrypted e-mail sent over the Internet without violating HRPC 1.6(a).” Rule: 1.6 (a)   Referenced Authority: ABA Formal Ethics Op. 99-413   The full text is available at http://www.odchawaii.com…

Topic: E-mail Encryption Summary of the Committee: “A lawyer’s use of unencrypted Internet e-mail to engage in confidential communications with his or her client does not violate Massachusetts Rule of Professional Conduct 1.6(a) in usual circumstances. Legal and technical hurdles to the interception of Internet e-mail give rise to a reasonable expectation on the part of […]

Opinion No. 302 of the District of Columbia Bar’s Legal Ethics Committee   Topic: E-mail Encryption, Lawyers’ Use Of Internet-Based Web Pages From the Opinion: “As we have already discussed in Opinion 281 (1998), the transmission of information from a lawyer to a client by unencrypted electronic mail will not violate Rule 1.6 unless special circumstances […]

Professional Ethics of the Florida Bar  Topic: Ethical obligations to protect client confidentiality in the use of Internet e-mail communications Summary of the Opinion: “An attorney may provide legal services over the Internet, through the attorney’s law firm, on matters not requiring in-person consultation or court appearances. All rules of professional conduct apply, including competence, […]

 Office of Professional Conduct Topic: Ethical obligations to protect client confidentiality in the use of Internet e-mail communications Digest: “A lawyer may, in ordinary circumstances, use unencrypted Internet e-mail to transmit client confidential information without violating the Utah Rules of Professional Conduct.”   Rule: Utah Rule of Professional Conduct 1.6   Cited Opinion: American Bar Association Formal […]

Topic: E-mail Encryption From the Opinion: “Whether e-mail communication is appropriate may depend on the setting in which the client will send and receive e-mail as well as the nature of the particular communication. Any communication with the client regarding this subject should be in plain language, as much as possible, and should discuss the various […]

Topic: Data Transmission and Storage Conclusion of the Committee: The committee concludes that a law firm does not violate Rule 1.6 if it subscribes to an online data backup service, provided the law firm ensures that the security of the data transmission and the security of the data storage are adequate for the sensitivity of the records that are […]