On August 4, 2011, the American Bar Association released Formal Opinion 11-459 "Duty to Protect the Confidentiality of Email Communications with One's Client" and Formal Opinion 11-460 "Duty when Lawyer Receives Copies of a Third Party's E-mail Communications with Counsel."
Opinion 11-459 discusses how confidential electronic communications between attorneys and their clients can be jeopardized and the steps attorneys should take to prevent third parties from accessing those communications.
Opinion 11-460 discusses an attorney's ethical duty and response if the attorney receives copies of private electronic communications between a third party and the third party's attorney. In these cases, the opinion suggests attorneys should give notice of the receipt and obtain a judicial ruling as to the admissibility of the communications.
Posted by Brian Spring, Associate Editor, Wealth Strategies Journal.
Opinion 11-459 discusses how confidential electronic communications between attorneys and their clients can be jeopardized and the steps attorneys should take to prevent third parties from accessing those communications.
Opinion 11-460 discusses an attorney's ethical duty and response if the attorney receives copies of private electronic communications between a third party and the third party's attorney. In these cases, the opinion suggests attorneys should give notice of the receipt and obtain a judicial ruling as to the admissibility of the communications.
Posted by Brian Spring, Associate Editor, Wealth Strategies Journal.

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