Ride the Lightning

Safeguarding Electronic Communications: Understanding the Evolving Duties

August 3, 2017

An excellent post by our friend Dave Ries on ethics and securing electronic communications has been published in the ABA Law Practice Division's Law Practice Today webzine. There is an excellent discussion of the ABA's Formal Opinion 477, "Securing Communication of Protected Client Information," issued on May 11^th. The Opinion revisits attorneys' duty to use encryption and other safeguards to protect e-mail and electronic communications in light of evolving threats, developing technology, and available safeguards. It suggests a fact-based analysis and concludes "the use of un-encrypted routine email generally remains an acceptable method of lawyer-client communication," but "particularly strong protective measures, like encryption, are warranted in some circumstances."

Several state opinions touching on encryption are also discussed. The post gives suggestions for good e-mail service providers offering encryption – information many attorneys ask for at our CLEs.

If you haven't read a brief history of this evolving issue, this is a very well done synopsis. Bravo Dave!

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