Opinion No. 281 of the District of Columbia Bar’s Legal Ethics Committee Topic: Protecting the Confidentiality of Unencrypted E-Mail “In most circumstances, transmission of confidential information by unencrypted electronic mail does not per se violate the confidentiality rules of the legal profession. However, individual circumstances may require greater means of security.” Rule: 1.6 The full […]
Topic: E-mail Encryption Conclusion of the Committee: “In conclusion, an attorney is free to communicate using e-mail on any matters with a client that the attorney would otherwise feel free to discuss over the telephone or via fax transmission. The expectation of privacy is no less, and these communications are protected by law. While it is […]
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) […]
Standing Committee on Ethics and Professional Responsibility – Formal Opinion 95-398 Topics: Access of Nonlawyers to a Lawyer’s Data Base Digest of the Committee: “A lawyer who gives a computer maintenance company access to information in client files must make reasonable efforts to ensure that the company has in place, or will establish, reasonable procedures to […]
EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data “Article 1 – Object of the Directive 1. In accordance with this Directive, Member States shall protect the fundamental rights and […]
Topic: E-mail Encryption, Technology Communications and Duty of Confidentiality “Opinion rules that when using a cellular or cordless telephone or any other unsecure method of communication, a lawyer must take steps to minimize the risk that confidential information may be disclosed. … In using e-mail, or any other technological means of communication that is not secure, […]
Committee on Professional Ethics Topic: Closed files; disposition procedures; dissolution of law firm Digest of the Committee: “Procedures for disposing of closed files; partners’ ethical obligations are joint and several notwithstanding dissolution.” Rules: DR 1-102(A)(5), 4-101(B)(1), 4-101(D), 9-102(B), 9-102(D), 9-102 (G); EC 1-5, 4-4, 4-6, 7-1, 7-8, 7-11, 7-12 The full text is available at […]
Originally passed in 1970, the FCRA addresses accuracy and fairness in credit reporting: “It is the purpose of this title…to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to […]