For more than 20 years, there has been much discussion about whether attorneys must or should use special security measures, like encryption, to protect electronic communications relating to clients. The ABA provided updated guidance in Formal Opinion 477, Securing Communication of Protected Client Information, issued on May 11, 2017, which concludes that attorneys may use unencrypted email for "routine communication," but special security precautions may be necessary "when required ... by a client or by law, or when the nature of the information requires a higher degree of security." This session will explore attorneys' duties to safeguard electronic communications and how to comply with them, including:
- Ethical and legal duties
- Competence and confidentiality in attorneys' use of technology
- Threats to the security of electronic communications
- An easy to understand explanation of encryption
- Options for securing electronic communications
Recorded during a live webinar in August 2018.