From the article:
The basic obligation of lawyers with regard to confidential client information is clear: lawyers must take reasonable steps to protect the confidentiality of such information. South Carolina Rule of Professional Conduct (SCRPC) 1.6, comment 18 states: “When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions to prevent the information from coming into the hands of unintended recipients.” However, it is often difficult to determine what is reasonable and to implement reasonable precautions when using modern technology.
This article also addresses (1) public use of technology, (2) metadata in document transmission, (3) loss of devices, and (4) disposal of devices.
The full text is available at http://www.nathancrystal.com…
Related document: Nathan M. Crystal, Ethics Watch: Technology and Confidentiality (Part II), South Carolina Lawyer 12 (Nov. 2011)