Law firms and the American Bar Association have been debating the use of unencrypted emails and their duty of client confidentiality since the mid-1990s. While lawyers have used email disclaimers in the past, these disclaimers are generally insufficient to qualify as ‘reasonable steps’ to preserve client confidentiality. On August 4, 2011, the ABA issued Formal Opinion 11-459, describing a lawyer’s “Duty to Protect the Confidentiality of Email Communications with One’s Client.” It remains to be seen whether the ethical obligations of lawyers will be extended to require encryption of email in certain circumstances in the future. However, encryption technology has come a long way. If you think email encryption is too complicated or expensive, you are wrong. Plus, it shows your clients that you DO care about confidentiality thus providing a competitive advantage.
Avasek recommends a policy based email encryption system. Most email encryption solutions rely on the sender to identify when an email should be encrypted and click a button to actually encrypt. If the sender fails to do so then the email is sent unencrypted. With a policy based encryption system, emails are scanned for sensitive data based on predefined policies and automatically encrypted when detected. Some systems are intuitive enough to use a “best method of delivery” allowing for ease of use for the receiver of the email. Have questions? Contact Avasek today…
An accessible network doesn’t have to be an insecure network. Avasek provides sophisticated security controls for remote, mobile and other non-traditional work environments, keeping your data safe whether you access it from the courtroom or your bedroom. Whether your employees need access to the office remotely, multiple offices need to connected, or you need your own private cloud file-sharing service, Avasek can help.