Attorneys exchange large volumes of confidential documents and information with clients, opposing counsel and others. The ABA Model Rule of Professional Conduct 1.6. states in part that a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, or the disclosure is impliedly authorized in order to carry out the representation, with certain exceptions listed in Rule 1.6(b). It only takes one email-related security breach to cause inadvertent disclosure and harm your reputation, even potentially ruin your legal practice.
Today’s technology adds a new layer to the issue of confidential communication.
Last year, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 11-459 relating to a lawyer’s duty to protect the confidentiality of electronic communications with clients. An article in “The Lawyerist” stated: “The opinion specifically addresses the use of electronic communications and whether clients may have a reasonable expectation of privacy when using such forms of communication. Specifically, the opinion notes that lawyers should instruct clients to avoid using workplace devices or systems for sensitive or substantive communications between lawyer and client. According to the opinion, the duty of a lawyer to so advise the client arises as soon as the lawyer knows or reasonably should know that the client is likely to send or receive substantive lawyer-client communications via electronic means “where there is significant risk” that the communications will be read by a third party.”
Most business policy books include a statement that all email in the system is not private and it belongs to the employer, with full right to the employer to read and review it at any time. Lawyers should instruct clients specifically about how email and other forms of electronic communication should or should not be used during the course of the representation. Use of employer-provided email may unknowingly waive privilege. (Scott v. Beth Israel Med. Ctr., Inc. and Holmes v. Petrovich Development Company.)
SenditCertified ensures the confidentiality that legal professionals require to protect attorney-client privilege when sending case-related messages online. SenditCertified’s patented electronic communications technology provides subscribers with control over who can view, print, save or download messages and files. Subscribers can require a recipient to accept communication by simple acknowledgement, PIN or fingerprint. With a link to the SenditCertified subscriber’s SecureInbox, clients, judges and outside counsel can securely send encrypted messages and files to the SecureInbox—even if the sender is not a subscriber. Message recipients are not required to download software, register or become a subscriber.
SenditCertified offers subscribers the ability to protect important and confidential data without costly IT investments, ongoing maintenance or lengthy installation processes. An entire month of SenditCertified service costs less than a single overnight delivery. If you choose, the entire expense of your SenditCertified account can be offset by adding a provision to your client retainer agreement.
For a free 14-day trial of SenditCertified, go to SenditCertified.com. Corporate subscription plans are available.
SenditCertified News 