A couple of days ago, I posted about why you should own your own domain and not use a free email service for your professional emails. 3 Geeks and a Law Blog has published a couple of posts on the ethical dangers of using a free email address. In the first, after reviewing the terms of service for Google and Yahoo, the author concludes:
So beyond the security concerns, it appears that the use of popular, free email services for client communications is a violation of ethics rules since lawyers are revealing client information to a third party.
If you didn’t have enough reasons for moving to a secure email address on a domain you own, you can now add “getting a letter from Discipline Counsel†to the list.
In a more recent post, the author concludes with:
The legal profession holds itself out as having higher duties of care when it comes to securing client information. I suggest that using free email services with a TOS like Googles’ runs counter to this professional responsibility.
I think he has an excellent point.
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