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 expectation of privacy from a technological and legal standpoint. The same privacy accorded U.S. and commercial mail, land-line telephonic transmissions, and facsimiles applies to Internet e-mail. A lawyer should consult with the client and follow her instructions, however, as to the mode of transmitting highly sensitive information relating to the client’s representation.”
Rule: Model Rule 1.6
The full text is available at http://cryptome.org…
© 1999 by the American Bar Association. All rights reserved.
Related Document: Do I always need to encrypt my correspondence with clients?