State Bar Association of North Dakota Opinion No. 97-09

Ethics Committee 

Topic: Communications with clients by unencrypted e-mail

Conclusion of the Committee:

“Rule 1.6 of the North Dakota Rules of Professional Conduct is not violated by a lawyer who communicates routine mattes with clients, and/or other lawyers jointly representing clients, via unencrypted electronic mail (e-mail) transmitted over commercial service (such as America Online or MCI Mail) or the internet unless unusual circumstances require enhance security measures.”

North Dakota Rules of Professional Conduct 1.6

Referenced Authorities:


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