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Productivity Tips Security

Nicole Black Tips on Collaboration

Very timely! LLRX is hosting Nicole Black‘s article “Securely Collaborate and Communicate Remotely: A How-To for Lawyers.” Nicole likes portals.

Glad to see her emphasize a recent change in the ABA Ethics Committee’s recent change in its approach to unencrypted emails:

[I]n the mid-1990s, bar association ethics committees across the country began to approve the use of unencrypted email when communicating with clients and for nearly two decades lawyers used email to communicate with clients since no other more secure methods were available. But most ethics opinions acknowledged that the standard established was an elastic one that could conceivably change as technology advanced and more secure options became available.

Since then, technology has improved significantly, and more secure electronic communication methods have emerged, rendering unencrypted email insufficient for certain types of client communication, as the ABA acknowledged in Formal Opinion 477 last year. In this opinion, the Ethics Committee concluded that unencrypted email may not always be sufficient for client communication.

Specifically, the Committee advised that lawyers must assess the sensitivity of information on a case-by-case basis and then choose the most appropriate and sufficiently secure method of communicating and collaborating with clients. Options offered in the opinion included encrypted email and “the use of a Virtual Private Network, or another secure internet portal.”

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