ABA Provides Ethical Advice to Protect Electronic Communication

Tuesday, August 1, 2017

Aaron Krauss, a member of Cozen O'Connor's Commercial Litigation Department, discussed The ABA Standing Committee on Ethics and Professional Responsibility's opinion on providing guidance for securing electronic communication of protected client information.  ABA Formal Opinion 477R, "Securing Communication of Protected Client Information," cautions practitioners to undertake reasonable efforts to prevent inadvertent or unauthorized access to information. In some circumstances, attorneys may be required to implement special security measures like encryption."The ABA struck the right balance with encryption," Aaron said, "For information that is truly confidential, it makes all the sense in the world." But if encryption is used as a default, "it slows communication down and creates a practical problem in recording and accessing email."

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