Law Practice Management and Technology
The Bottom Line Volume 34, No.3, August 2013
- MCLE Self-Study Article: Cybersecurity -- a Top of Mind Issue That Companies Must Consider
- MCLE Self-Study Article: the Advanced Persistent Attack and What Your Law Firm Should Do
- Book Review By Larry Meyer
- Coach's Corner: Technology, Competence and Risk in Data Security and Privacy
- MCLE Self-Study Article: Addressing Social Media Security and Privacy Challenges
- MCLE Self-Study Article: Data Security Breach Notification Laws: How They Affect Your Law Firm and Your Clients
- MCLE Self-Study Article: "Naked Online", an Excerpt from the Book "Protecting Your Internet Security"
- MCLE Self-Study Article: the Attorney as Employer: the Law Regarding Employee Privacy in Social Media Posts
- MCLE Self-Study Article: What Is Privacy in the Information Age?
- Message from the Chair: Privacy at Risk
- Message from the Guest Editor: Protecting Privacy in Your Law Practice
- MCLE Self-Study Article: Using Client Portals to Protect Your Clients’ Privacy
MCLE Self-Study Article: Using Client Portals to Protect Your Clientsâ Privacy
By Donna Seyle, Esq.
The security of online functions used by attorneys to communicate and collaborate with their clients is of major concern to regulatory authorities, one of the subjects of the ABAâs Ethics 20/20 Commissionâs review of the Model Rules, and at the core of your ethical obligations to insure the privacy of client data, attorney/client confidentiality and maintenance of the attorney/client privilege.
Recently, the United States District Court in West Virginia held that a bank president who emailed his attorney via the companyâs email system waived his attorney/client privilege, where the companyâs email policy dictated that all emails sent through their account were considered company property. That is only one of many scenarios that can lead to violations of ethical conduct or waiver of privilege when using online communication tools that are not properly securitized. Use of a client portal is one answer to this challenge.
A client portal is also referred to as a âsecure web spaceâ. The term is most often applied to an electronic sharing mechanism between an organization and its clients. The organization provides a secure entry point, typically via a website, that lets its clients log in to an area where they can communicate, view and download documents, collaborate on document editing and upload private information.