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. See ABA 99-413 (March 10, 1999). 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.
Lawyers 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
Source Peter Krakaur|2017-06-26T18:42:11-07:00Apr 1st, 1999|Categories: LegalEthics, Post|Tags: ABA, Confidentiality, E-mail, States|0 Comments