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If You Snooze, You Lose: What Attorneys Must Know About the Risks of Practicing Law Remotely [CC]
Formal Ethics Opinion 99-413
Formal Ethics Opinion 99-413
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Protecting the Confidentiality of Unencrypted E-Mail A lawyer may transmit information relating to the representation of a client by unencrypted e-mail sent over the Internet without violating the Model Rules of Professional Conduct (1998) because the mode of transmission affords a reasonable expectation of privacy from a technological and legal standpoint. The same privacy accorded U.S. and commercial mail, land-line telephonic transmissions, and facsimiles applies to Internet e-mail. A lawyer should consult with the client and follow her instructions, however, as to the mode of transmitting highly sensitive information relating to the client's representation.
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5611100413
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