Ethics Opinions

[WARNING – CPR Opinion – provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio Rules of Professional Conduct, eff. 2/1/2007.] Topic: “whether it is ethically proper under the Ohio Code of Professional Conduct for a lawyer to communicate with clients through electronic mail without encryption.” Syllabus of the Board: […]

Standing Committee on Ethics and Professional Responsibility   Topics: Protecting the Confidentiality of Unencrypted E-Mail Summary of the Committee: “A lawyer may transmit information relating to the representation of a client by unencrypted e-mail sent over the Internet without violating the Model Rules of Professional Conduct (1998) because the mode of transmission affords a reasonable […]

Topic: E-mail Encryption From the Opinion: “[T]he attorney owes a duty to the client to advise of the risks of attorney/client communications through a technology about which many clients only have a rudimentary knowledge. This advice does not have to be technical in nature. The advice must be adequate to inform the client of the nature […]

Topic: Law Firm Internet Websites; Law Firm-Sponsored Internet Discussion Area; Provision of Law-Related Services Over the Internet; Communication by Unencrypted E-mail Digest of the Committee: “A law firm need not encrypt all e-mail communications containing confidential client information, but should advise its clients and prospective clients communicating with the firm by e-mail that security of communications […]

Topic: E-mail Encryption, Attorneys’ Website Faced with the following inquiry: “May a lawyer use electronic mail services including the Internet to communicate with clients without encryption?” The Committee answered: “Yes, unless unusual circumstances require enhanced security measures.” The Committee also addressed issues related to attorney websites.   Kentucky Rules of Professional Conduct: 7.10, 7.20, 7.01, 7.08   […]

Opinion No. 281 of the District of Columbia Bar’s Legal Ethics Committee   Topic: Protecting the Confidentiality of Unencrypted E-Mail “In most circumstances, transmission of confidential information by unencrypted electronic mail does not per se violate the confidentiality rules of the legal profession. However, individual circumstances may require greater means of security.” Rule: 1.6   The full […]

Topic: E-mail Encryption Conclusion of the Committee: “In conclusion, an attorney is free to communicate using e-mail on any matters with a client that the attorney would otherwise feel free to discuss over the telephone or via fax transmission. The expectation of privacy is no less, and these communications are protected by law. While it is […]

WARNING: The South Carolina Bar Technology Committee has requested that Advisory Opinion 94-27 be re-examined in light of the current state of technology.   Topic: May confidential client communications be transmitted via electronic mail (e-mail)? Summary of the Committee: “There exists a reasonable expectation of privacy when sending confidential information through electronic mail (whether direct […]

Committee on Professional Responsibility of the Vermont Bar Association Topic: Communications with clients by unencrypted e-mail; Webpage advertisement and soliciting Digest of the Committee: “A lawyer does not violate DR 4-101 by communicating with a client by e-mail, including the Internet, without encryption. The use of an Internet web site to communicate with clients and prospective […]

Committee on Legal Ethics and Professional Responsibility (opinion of only one member of the committee – Kevin M. French) WARNING: It is unclear if it has been withdrawn   Topics: Safety Measure to Use in E-mails. From the Opinion: “E-mail does not appear to differ materially from current means of communication employed by lawyers to […]