A Case For Security
M E M O R A N D U M
TO: All Clients
FROM: Stephen Meltzer
RE: Client Communications, Access to Information and Security
DATE: September 1, 2011
This memorandum is intended to be a quick explanation of how you can access certain documents and information regarding the matter which we are handling and why we use the system that we use.
We are committed to providing you with superior representation and access to information. We are committed to providing this representation and access in an ethical and secure environment. To that end, we are very careful about electronic communications and access to documents and information.
Email is inherently unsecure, creates a permanent record, and is potentially accessible to opposing parties in litigation.
For this reason, we use a secure system to communicate sensitive information and to transfer documents. The system we use, called MyCase, also provides a fantastic opportunity for collaboration, organization and superior communication. I will insist that you use this system for your protection and for mine. It may seem a bit clumsy sometimes to have to sign in to the system in order to communicate but, in the end, we will both benefit from the ability to communicate in a more organized and secure environment. Technology has been a mixed blessing and this additional complexity is a small price to pay for the benefits the system provides.
At the outset of our relationship, or at some point when it seems advisable, I will set up a “Case” for you on the system. Provided I have your email address, you will receive an invitation and registration link by email from “no-reply@mycaseinc.com. Simply click on the link and finish creating your account.
You may already find messages or documents waiting for you when you first sign in. Use the system to communicate or provide documents to me at any time - even after our case or deal is done.
For your information, I have attached an excerpt from a recent Opinion of the American Bar Association on this topic.
If you have any questions or concerns, feel free to contact me at any time.
CLICK HERE TO SIGN IN TO MY CASE
CLICK HERE IF YOU WISH TO REQUEST A MYCASE ACCOUNT
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AMERICAN BAR ASSOCIATION
STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY
Formal Opinion 11-459 August 4, 2011
Duty to Protect the Confidentiality of E-mail Communications with One’s Client
. . .
Absent an applicable exception, Rule 1.6(a) requires a lawyer to refrain from revealing “information relating to the representation of a client unless the client gives informed consent.” Further, a lawyer must act competently to protect the confidentiality of clients’ information. This duty, which is implicit in the obligation of Rule 1.1 to “provide competent representation to a client,” is recognized in two Comments to Rule 1.6. Comment [16] observes that a lawyer must “act competently to safeguard information relating to the representation of a client against inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer’s supervision.” Comment [17] states in part: “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…. Factors to be considered in determining the reasonableness of the lawyer’s expectation of confidentiality include the sensitivity of the information and the extent to which the privacy of the communication is protected by law or by a confidentiality agreement.”
. . .
In ABA Op. 99-413 (1999) (”Protecting the Confidentiality of Unencrypted E-Mail”), the Committee . . . found that particularly strong protective measures are warranted to guard against the disclosure of highly sensitive matters.