Buy Secure Email for Lawyers A lawyer must carefully protect his/her reputation and any sensitive information in email correspondence with clients. “Attorney-client privilege” protects “confidential communication between an attorney and client that constitutes a legal request for advice or is related to representation.” Attorneys must protect electronic attorney-client communication through email, text messages, and mobile devices by implementing wise policies, using encryption, installing protective software, and maintaining strong firewalls.
The American Bar Association (ABA) has published new rules for professional conduct regarding electronic communications. Cybercriminals are intensifying their attacks on the World Wide Web through various deceptive tactics. To counter these threats, organizations must strengthen cybersecurity by securing internal private networks with robust protective measures. However, an even greater concern lies in the widespread use of less secure public Internet connections, which pose significant security risks. Discovery requests are also an important issue concerning secure email for lawyers.
ATTORNEY-CLIENT PRIVILEGE
The United States versus United Shoe Machinery Corp (1950) decision set forth five parameters for the attorney-client privilege:
- 1) Client
- 2) Attorney
- 3) Exclusivity
- 4) Legal advice
- 5) Confidentiality
Under the law, attorneys must protect client confidentiality and refrain from disclosing private communications when clients seek legal advice. This creates a more open environment in which the lawyer can consider all relevant facts during litigation.
Secrecy is also important in high-level negotiations where a data breach could lead to a loss of millions of dollars or worse. Information is power. Attorneys must tap into the strength of the anonymous, anywhere and anytime, World Wide Web while protecting themselves and their clients against theft of email correspondence.
FORMAL CONFIDENTIAL, FORMAL SENSITIVE AND INFORMAL SECURE EMAILS
Attorneys receive numerous emails, categorized as 1) Formal Confidential, 2) Formal Sensitive, or 3) Informal. The “Attorney-Client Privilege” protects the Formal Confidential email. Likewise, the Formal Sensitive email holds significant importance to the client and must not be disclosed to third parties. Informal email is less important. It is wisest to err on the side of caution to prevent any emails from falling into the wrong hands.
INDIVIDUAL PRACTICES, LAW FIRMS AND IN-HOUSE COUNSEL FOR SECURING EMAIL
The rules for securing emails vary depending on the type of legal job. Therefore, all firms should implement an Email Privacy Policy to regulate the confidentiality, distribution, and storage of emails. Additionally, users should include the words “Privileged” or “Confidential” in the subject line of important emails to ensure proper handling and protection.
An attorney running his own practice can control email access the most easily since most correspondence will be between himself and the client.
At a larger law firm, there may be more email correspondence with senior and junior partners of the firm. When an attorney is “in-house counsel” for a business, he has both a legal and business role. The courts have determined that “attorney-client privilege” applies exclusively to the legal function. However, lawyers frequently collaborate with various parties on draft documents, employment contracts, and warning labels. Therefore, it is essential to distinguish between privileged legal communications and general business discussions to ensure proper confidentiality.
ELECTRONIC DISCOVERY REQUESTS
During discovery, one side can subpoena the other side requesting all company emails regarding a specific client or case. Attorneys will seek to protect email correspondence under “attorney-client privilege.” Courts will determine the primary purpose of the email communication to see if it qualifies.
AMERICAN BAR ASSOCIATION RULE OF PROFESSIONAL CONDUCT
On September 7, 2011, the ABA Model Rule of Professional Conduct 1.6 (a) stated that an attorney must not reveal information received from a client without consent and must take necessary precautions to protect electronic communications. These rules demand that attorneys take “reasonable care to protect the confidentiality of client information, including information contained in e-mail communications in the course of a representation.” Secure email for lawyers is a matter of professional conduct.
PRIVATE VS PUBLIC INTERNET ACCESS
The ABA acknowledged that public Internet access could “jeopardize the confidentiality of electronic communications between a lawyer and client.” However, many people fail to realize that most libraries, cafes, and hotel Internet connections are neither secure nor encrypted. Consequently, lawyers and clients must take extra precautions when communicating over public networks to protect sensitive information. Wireless connections are especially vulnerable. Users share the same IP address and have their data mixed, so hackers can easily steal passwords and email messages.
PROFESSIONAL PROTECTION OF EMAIL INFORMATION
Just like doctors, attorneys have access to highly sensitive private, financial, and health information. Even if the client does not explicitly designate the information as sensitive, attorneys must inherently recognize and protect its confidentiality. Access to this information is crucial for a well-functioning court process. However, with this power comes the significant responsibility to safeguard and protect it from unauthorized disclosure.
CYBERCRIMINALS STEAL EMAILS
Cybercriminals are well aware that email accounts contain vast amounts of valuable information. As a result, they often steal emails for financial, political, or legal gain. Therefore, it is essential to safeguard all email correspondence to prevent unintentional disclosure and protect sensitive data from falling into the wrong hands.
Hackers employ various tactics, including worms, rootkits, spoofing, and phishing schemes, to steal passwords and emails. As a result, even major corporations such as Barclays, Best Buy, Citigroup, J.P. Morgan, Target, Toshiba, and Walt Disney have fallen victim to email breaches. Shockingly, even the military experienced a massive breach when cybercriminals stole 90,000 email addresses from Booz Allen Hamilton. Furthermore, hackers can go a step further by resetting passwords on email accounts, effectively locking users out of their own accounts and gaining full control over their communications.
Identity theft
Identity theft continues to be a significant concern in the United States, affecting millions annually.
Recent Statistics:
- 2023: The Federal Trade Commission (FTC) received over 1 million identity theft reports, contributing to more than 2.6 million fraud cases, with total losses exceeding $10.3 billion. 1
- 2021: Approximately 23.9 million U.S. residents aged 16 or older (about 9% of the population) experienced identity theft within a 12-month period. 2
Trends:
- There has been a notable increase in identity theft incidents over the past decade. For instance, in 2020 and 2021, the FTC received a record 1.4 million identity theft complaints each year, marking a 115% rise from 2019. 3
Common Types of Identity Theft:
- Credit Card Fraud: In 2023, this was the most prevalent form, accounting for 31% of identity theft reports. 4
- Government Documents or Benefits Fraud: In 2023, there were 102,205 reported cases, a 68% increase from the previous year. 5
These statistics highlight the persistent and evolving nature of identity theft crimes each year.
Some law firms have been completely hosting their own content to fully secure their email services. In order to secure that service, they often create a website on their own domain name.
REPUTATION FOR PROTECTING CLIENT EMAIL COMMUNICATION
An attorney spends a lot of time, energy, and money building up a solid reputation. One security breach can destroy a good reputation. After the fact is always too late.
Modern email systems require modern protections to protect confidential information. A bank doesn’t leave its money vaults open. A professional attorney must protect email communications.
Hackers and cybercriminals have the knowledge and technology to steal email information. Forethought, planning, and implementation of secure email for lawyers are essential.
EMAIL ATTACHMENTS
Opening email attachments can pose significant security risks if not handled carefully. Cybercriminals often use email attachments to spread malware, ransomware, or phishing attacks. To stay safe, always verify the sender before opening an attachment, even if the email appears legitimate. Look out for red flags such as unexpected attachments, poor grammar, or urgent requests. Use antivirus software to scan attachments before opening them, and avoid opening files with suspicious extensions like .exe, .bat, or .scr. If you’re unsure about an attachment, confirm with the sender through a separate communication channel. By following these precautions, you can reduce the risk of compromising your system and sensitive data.
SOLUTION FOR SECURE EMAIL FOR LAWYERS
Secure email for lawyers uses encryption and decryption. High-quality security email software protects against viruses, malware, and other attacks. A firewall is also necessary to protect the internal computer network of attorneys
- https://www.experian.com/blogs/ask-experian/identity-theft-statistics/ ↩︎
- https://bjs.ojp.gov/library/publications/victims-identity-theft-2021 ↩︎
- https://blog.incogni.com/identity-theft-statistics/ ↩︎
- https://blog.incogni.com/identity-theft-statistics/ ↩︎
- https://www.experian.com/blogs/ask-experian/identity-theft-statistics/ ↩︎