Tuesday, November 3, 2020

Does a lawyer have to encrypt e-mail messages?

Do lawyers have to encrypt e-mail messages?  

Model Rule 1.6(c) states that a lawyer "shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client" but, to my knowledge, no jurisdiction has decided that this means that there is a duty to encrypt messages.

LexBlog has a comment on this issue here.

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