Missouri Bar Informal Advisory Opinion 980137

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 of the risk before the client makes the decision that it is acceptable to use that method of communication.

Rules: Missouri Rules of Professional Conduct 1.6, 1.4

Referenced Authority: Advisory Committee of the Missouri Supreme Court, Opinion 970230

The full text is available by searching the opinion number at http://www.mobar.org…