CBA Issues Formal Ethics Opinion On "Reply To All" And Related Email Issues

Earlier this month, the Colorado Bar Association Ethics Committee released Formal Opinion 148, which addresses email issues. Like most Ethics Opinions, this one appears to have been written with outside counsel primarily in mind. However, it does have important notes for in-house counsel as well. In broad summary, the opinion provides:

1. A lawyer should not cc (or even bcc) its own client on emails unless the lawyer has received informed consent from the client. Rule 1.0 states: "'Informed consent' denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct." So, do not be surprised if your outside counsel wants to talk with you about this issue.