ABA client confidentiality ethics opinion

The ABA issued a new formal ethics opinion last month with respect to protecting clients’ confidentiality when using work computers or e-mail accounts.

Formal Opinion 11-459, from the ABA Standing Committee on Ethics and Professional Responsibility, issued last month, in part says “In the context of representing an employee, this obligation arises, at the very least, when the lawyer knows or reasonably should know that the client is likely to send or receive substantive lawyer-client communications via e-mail or other electronic means, using a business device or system under circumstances where there is a significant risk that the communications will be read by the employer or another third party,” ( More Here )