Formal Ethics Opinion 11-459: Duty to Protect the Confidentiality of E-mail Communications with One's Client (downloadable pdf)

      Formal Ethics Opinion 11-459: Duty to Protect the Confidentiality of E-mail Communications with One's Client (downloadable pdf)

      Formal Ethics Opinion 11-459: Duty to Protect the Confidentiality of E-mail Communications with One's Client (downloadable pdf)

      A lawyer sending or receiving substantive communications with a client via e-mail or other electronic means ordinarily must warn the client about the risk of sending or receiving electronic communications.
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      A lawyer sending or receiving substantive communications with a client via e-mail or other electronic means ordinarily must warn the client about the risk of sending or receiving electronic communications using a computer or other device, or e-mail account, where there is a significant risk that a third party may gain access. In the context of representing an employee, this obligation arises, at the very least, when the lawyer knows or reasonably should know that the client is likely to send or receive substantive client-lawyer communications via e-mail or other electronic means, using a business device or system under circumstances where there is a significant risk that the communications will be read by the employer or another third party.

      Product Details

      Sponsors

      Center For Professional Responsibility

      Product Code

      5611100459PDF

      Publication Date

      8/1/2011 12:00:00 AM

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