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Unencrypted email should not be used for sensitive communications. A lawyer may transmit information relating to the representation of a client by unencrypted e-mail sent over the Internet without violating the Model Rules of Professional Conduct (1998) because the mode of transmission affords a reasonable expectation of privacy from a technological and legal standpoint. The same privacy accorded U.S. and commercial mail, land-line telephonic transmissions, and facsimiles applies to Internet e-mail. A lawyer should consult with the client and follow her instructions, however, as to the mode of transmitting highly sensitive information relating to the client's representation.13
When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions to prevent the information from coming into the hands of unintended recipients. This duty, however, does not require that the lawyer use special security measures if the method of communication affords a reasonable expectation of privacy. Special circumstances, however, may warrant special precautions.
 
AM0801 said:
spamdumpster, check this out:

http://www.utd.uscourts.gov/judges/E-Ethics 0408.pdf. Nothing in here is in SHALL language (other than that Nevada statute), but I wouldn't want to mess around with ethical obligations.

as to number 2, obvi that is different because the client is specifically requesting that you send it there.
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Dude, that's totally non responsive to my question -- whether you can point to an example where someone's got in trouble for forwarding emails. I guess I could be the first.
 
Geckotek said:
Unencrypted email should not be used for sensitive communications. A lawyer may transmit information relating to the representation of a client by unencrypted e-mail sent over the Internet without violating the Model Rules of Professional Conduct (1998) because the mode of transmission affords a reasonable expectation of privacy from a technological and legal standpoint. The same privacy accorded U.S. and commercial mail, land-line telephonic transmissions, and facsimiles applies to Internet e-mail. A lawyer should consult with the client and follow her instructions, however, as to the mode of transmitting highly sensitive information relating to the client's representation.13
When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions to prevent the information from coming into the hands of unintended recipients. This duty, however, does not require that the lawyer use special security measures if the method of communication affords a reasonable expectation of privacy. Special circumstances, however, may warrant special precautions.
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I read this as support for what I'm doing. Do you disagree? The fact is that no email my firm send is encrypted. The same is true for the vast majority of emails sent by any law firm for the simple reason that, unless public key encryption is used, emails have to be unencrypted if you want someone outside the org to be able to read it.

Wireless emails are encrypted on a blackberry for example. So the real issue is whether someone is going to intercept emails pm there way to and from my device. I'll take my chances. I don't really practice the kind of law where anyone would care.
 
kg9ov said:
Wow... most people wouldn't make it past step one and already be fired. Two violations of (most) company policies right there. Installing unapproved third party software and forwarding company email to an external email account.

-Tony
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My thoughts exactly. Fired, blacklisted, rocks through windows of house and perhaps auto as well.
 
you asked for guidance, i gave you guidance. i don't have time to click on all those footnotes or do westlaw research. while that paragraph that was quoted states that sending emails over unsecured networks is technically okay, it also emphasizes that this is not an absolute rule and that it is better to be safe than sorry and to let the client make the decision. the problem with what you are doing is that you are going a good deal out of your way to get your emails to your iPhone, likely in contravention of your IT policies. i don't know what kind of clients you have, but i guarantee that if i asked any of my clients or the partners at the firm how they felt about me forwarding work emails to a personal account, they would not think it was a good idea, to say the least.

truthfully, this would probably never come up, and you would probably have to be involved in a lot more than forwarding emails to be called before the disciplinary committee. but, i wouldn't want to risk anything and definitely wouldn't want to be defending myself based on "technically" complying with ethical obligations to clients.
 
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