New ABA opinion on electronic communications: A fact-based analysis means that particularly strong protective measures, like encryption, are warranted in some circumstances. See Formal Opinion 477. Among other things, lawyers should understand the nature of the threat and how client confidential information is transmitted & stored; use reasonable electronic security measures; determine how to protect electronic communications; label confidential information, train legal professionals, and conduct vendor due diligence.

ABA Updates Guidance on Client Electronic Communication Confidentiality