New ABA Guidance on Protecting Client Confidentiality in E-communications

Yesterday, the American Bar Association issued new guidance on  protecting client confidentiality in electronic communications (Formal Opinion 477, Securing Communication of Protected Client Information).  This guidance updates a 1999 ABA opinion.

According to the new opinion,

A lawyer generally may transmit information relating to the representation of a client over the Internet without violating the Model Rules of Professional Conduct where the lawyer has undertaken reasonable efforts to prevent inadvertent or unauthorized access.

However, a lawyer may be required to take special security precautions to protect against the inadvertent or unauthorized disclosure of client information when required by an agreement with the client or by law, or when the nature of the information requires a higher degree of security.

Bob Ambrogi’s LawSites has an excellent run-down of the opinion and its importance to legal professionals.