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 […]
The Report examines the 2000 survey addressing internet privacy issues in light of the four FIPPs (i) notice; (ii) choice; (iii) access; (iv) Security From the document’s conclusion: “The Commission believes that industry’s limited success in implementing fair informationpractices online, as well as ongoing consumer concerns about Internet privacy, make this the appropriate time for […]
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 […]
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: 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 […]