Saturday, March 18, 2023

Do Attorneys Need to Implement Email Encryption?

Most states have adopted the view that the duty of competence includes a duty to keep up with modern technology.  Also, most states have adopted the view that the duty of confidentiality includes a duty to take reasonable measures to protect confidential information from unauthorized or negligent disclosure (which can happen if a lawyer is not familiar with certain aspects of modern technology).  

So, given those two facts, do lawyers need to implement e-mail encryption?  I have not seen any specific decision or opinion that answers that question with an unequivocal "yes" but I have seen articles suggesting that it would be the logical answer.

And here is the latest, published in Law Technology Today.  

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