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Using Encryption for Secure Client Communication

Secure client communication is a major concern for lawyers. Encryption is your best option for protecting confidential and sensitive information you exchange by email, text, voice and video calls with your clients. ABA Formal Opinion 11-459, Duty to Protect the Confidentiality of Email Communication with One's Clients, states: “A lawyer sending or receiving substantive communications with a client via email 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 email account, where there is a significant risk that a third party may gain access.” What are your options?

Originally published July 27, 2017
Last updated December 17, 2019
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