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ARTICLE · 23 MAY 2017

ABA Issues New Guidance On Safeguarding Electronic Communications

Holland & Knight
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Formal Ethics Opinion 477 updates an outdated 1999 opinion on encrypted communications, which provided generally that a lawyer could...

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Trisha Rich
Trisha Rich
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Trisha Rich is an Associate for Holland & Knight's Chicago office.

HIGHLIGHTS:

  • The American Bar Association's Standing Committee on Ethics and Professional Responsibility has provided additional guidance on a lawyer's obligations to protect client confidentiality in electronic communications.
  • The Standing Committee's new opinion focuses on three key areas of a lawyer's professional obligations and how each is impacted by today's technological environment: a) the duty of confidentiality under Rule 1.6, b) the duty of competence under Rule 1.1 and c) the duty to communicate under Rule 1.4.

In a significant opinion published on May 11, 2017, the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility provided additional guidance on a lawyer's obligations to protect client confidentiality in electronic communications.

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