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California Issues Ethics Opinion on Confidentiality and the Use of E-mail and Technology To Transmit Client Information

Source | 2017-06-26T18:36:58+00:00 Dec 26th, 2010|Categories: LegalEthics, Post|Tags: , , , , , , , , |Comments Off on California Issues Ethics Opinion on Confidentiality and the Use of E-mail and Technology To Transmit Client Information

California Formal Opinion 2010-179 outlines the lawyer’s duties when transmitting or storing confidential client information when the underlying technology may be susceptible to unauthorized access by third parties. An attorney’s duties of confidentiality and competence require the attorney to take appropriate steps to ensure that his or her use of technology in conjunction with a client’s representation does not subject confidential client information to an undue risk of unauthorized disclosure. Because of the evolving nature of technology and differences in security features that are available, the attorney must ensure the steps are sufficient for each form of technology being used and must continue to monitor the efficacy of such steps.