Ethics/Professional Responsibility
Mar. 11, 2017
Protect privileged data, or pay the price
There are no clear rules on what security measures a lawyer must take to protect confidential emails or other electronically stored data. But every attorney still owes a duty to keep client information confidential.
Failure to reasonably protect electronically stored information that is confidential or privileged may breach a lawyer's duties to her client. Every attorney owes a duty to keep client information confidential. Rules of Prof. Conduct, Rule 3-100 ("A member shall not reveal information protected from disclosure...without the informed consent of the client"); Business and Professions Code Section 6068(e)(1) ("It is the duty of an attorney ... [t]o maintain inviolate the confidence, and at e...
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