Securing Communication of Protected Client Information


The American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued a new 11 page opinion on protecting client confidentiality in electronic communications. The new opinion can be found at Formal Opinion 477.
“A lawyer generally may transmit information relating to the representation of a client over the internet without violating the Model Rules of Professional Conduct where the lawyer has undertaken reasonable efforts to prevent inadvertent or unauthorized access. However, a lawyer may be required to take special security precautions to protect against the inadvertent or unauthorized disclosure of client information when required by an agreement with the client or by law, or when the nature of the information requires a higher degree of security.”