E-mail’s days as a communication medium that offers a “reasonable expectation of privacy” may be numbered.
The ABA’s newly issued Formal Opinion 11-459 revisits the topic of e-mail security, and offers the following concluding paragraph:
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A lawyer sending or receiving substantive communications with a client via e-mail or other electronic means ordinarily must warn the client about the risk of sending or receiving electronic communications using a computer or other device, or e-mail account, to which a third party may gain access. The risk may vary. Whenever a lawyer communicates with a client by e-mail, the lawyer must first consider