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 […]
Committee on Professional Ethics – Opinion No. 709 Topic: Use of Internet to advertise and to conduct law practice focusing on trademarks; use of Internet e-mail; use of trade names Digest of the Committee: “Attorney may operate and advertise a trademark practice over the Internet, as long as attorney complies with (a) the Code’s obligations to […]
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 […]
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Ethics Committee Topic: Communications with clients by unencrypted e-mail Conclusion of the Committee: “Rule 1.6 of the North Dakota Rules of Professional Conduct is not violated by a lawyer who communicates routine mattes with clients, and/or other lawyers jointly representing clients, via unencrypted electronic mail (e-mail) transmitted over commercial service (such as America Online or MCI Mail) […]
ISBA Professional Conduct Advisory Opinion No. 96-10 [This Opinion was AFFIRMED by the Board of Governors in January 2010] Topic: Electronic communications; confidentiality of client information; advertising and solicitation. From the Digest of the ISBA: “Lawyers may use electronic mail services, including the Internet, without encryption to communicate with clients unless unusual circumstances require enhanced […]
State Bar Association Committee on the Rules of Professional Conduct Topic: Transmission of information; Advertising and Solicitation; Confidentiality “This opinion discusses several ethical issues with respect to lawyers using the Internet to communicate including, for example, confidentiality concerns when sending email to a client, advertising considerations for websites and the applicability of Arizona’s Rules of […]