The American Bar Association’s Standing Committee on Ethics and Professional Responsibility has issued a major new opinion providing guidance on the steps lawyers should take to protect client confidentiality in electronic communications.

The new opinion, Formal Opinion 477 (embedded copy below), updates Formal Opinion 99-413, issued in 1999, to reflect changes in the digital landscape

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Many lawyers understand that a lack of competence in technology puts them at a competitive disadvantage. But do you also realize that it puts you at risk of ethical sanctions or malpractice?

In my column this week at Above the Law, I discuss this evolving ethical duty of technology competence for lawyers and what it