Minnesota Statutes Court Rules LWYRS PROF RESP BD OPINION 19. USING TECHNOLOGY TO COMMUNICATE CONFIDENTIAL INFORMATION TO CLIENTS

A lawyer may use technological means such as electronic mail (e-mail) and cordless and cellular telephones to communicate confidential client information without violatingRule 1.6, Minnesota Rules of Professional Conduct(MRPC). Such use is subject to the following conditions:

1. E-mail without encryption may be used to transmit and receive confidential client information;

2. Digital cordless and cellular telephones may be used by a lawyer to transmit and receive confidential client information when used within a digital service area;

3. When the lawyer knows, or reasonably should know, that a client or other person is using an insecure means, to communicate with the lawyer about confidential client information, the lawyer shall consult with the client about the confidentiality risks associated with inadvertent interception and obtain the client's consent.