Ernest Sasso, E-Mail and Client Confidentiality

[Note: date of publication unclear]

From the Article:

Question No. 1: Is it necessary—for either ethics, privilege, or liability purposes—to encrypt communications on the Internet, except for matters so important that any threat of interception must be avoided? Question No. 2: Must lawyers communicate with or about clients on the Internet using only encryption software? The answer to both questions is a resounding NO! An Internet transmission may pass through as many as a dozen computers operated by different entities, each of which may handle thousands or even millions of messages per day among thousands of persons and entities. To identify one of the relevant computers and then locate, isolate, and capture a particular message requires an enormous investment in time and money, as well as personnel who are both technically proficient and willing to violate the law.”

Relevant Law: Model Rule of Professional Conduct 1.6


Referenced Authority:

  • Federal Communications Act of 1934 (“FCA”)
  • Electronic Communications Privacy Act of 1986 (“ECPA”)
  • Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility, Opinion 97-130


The full text is available at…