Because email is typically not encrypted, these new states’ laws and those that may follow suit in other states, will have a significant impact on legal professionals who are reliant on unencrypted email to communicate.   These laws will affect attorneys who communicate with clients through email and who send confidential client information and legal documents to clients and other attorneys as email attachments.

This past month the state of Nevada passed a law requiring all businesses in the state to encrypt personal information transmitted electronically (Nevada’s NRS 597.970, effective Oct. 1, 2008).  Massachusetts has a similar law regarding standards for protecting personal information and providing computer system security requirements.  The Massachusetts law goes into effect the first of next year.

The new Nevada law defines “personal information”, but leaves room for interpretation regarding exactly what can and cannot be transmitted by unencrypted electronic methods.  However, the fact that the law itself acknowledges that unencrypted emails are not secure raises the question of whether any attorney should be transmitting sensitive information by email at all. Many state bars currently have professional rules of conduct or ethics decisions mandating that the attorneys in their state make every effort possible to protect a client’s confidential information.  Using unencrypted email can be a malpractice risk.

While an attorney may be able to limit what he or she sends out to the client, the client may respond to the email by sending confidential information back to the attorney.  The attorney may understand the limits of the technology, but his or her clients may have an unfounded expectation of attorney/client privilege and protection of their confidential data.  For this reason, legal professions should consider restricting email communication for limited purposes and handle confidential communications through another form of secure digital transmission.

VLOTech’s mission is to provide a software as a service product for attorneys that is built on the latest in security developments in the technology industry.  Accordingly, VLOTech’s Virtual Law Office service provides secure, encrypted communication between an attorney and his or her clients, allowing for online discussion, document transmission, and online payment that is secure for both parties. The program is simple and easy to use for both the attorneys and their clients, similar to email, while also providing the security and protection for the transmission of confidential data.

Security in the internet age should not consist of putting a deadbolt on your door and forgetting about it. Security is a game of capture the flag and your law office data is the flag.  Most people may not normally be interested in the emails coming into and out of your law practice, but if there is anything interesting to know there are many ways that hackers can sneak a peak. Take for example the recent incident where vice presidential candidate Sarah Palin’s Yahoo email account was hacked.

Email is like mailing a postcard while on vacation. Most of the time you probably don’t care about strangers knowing you are having a great time at the beach, but imagine sending your customers private details by postcard.  If you aren’t comfortable with that idea, email in the way that it is used today is not the right tool for your law practice.

S/MIME email with an encrypted file system would be sufficient to protect you and your clients.  This would be similar to having a private courier deliver your confidential information with a locked indestructible briefcase where only the recipient has the key to unlock the case after it is delivered. Even then after it is delivered the information to be kept in a locked safe while you and the recipient are not using it.  S/MIME email with an encrypted file system would provide this security.  However, the majority of your clients will not know to implement this type of solution.  If it isn’t being done on both ends, by both you and your clients, it isn’t secure.

Secure Sockets Layer (SSL) for transport and 256-bit or greater encryption for storage is a solid solution.  This is what VLOTech provides in its product and makes the process simple for you and your clients.  We are the IT geeks you don’t have the time to be. More importantly we are constantly learning from the even bigger IT gurus in big number theory and cryptography who have shown the average Alice and Bob how to really handle digital security.

As more states and in particular their state bars start paying attention to how attorneys are using technology to practice law, expect more intrusions on the way that attorneys will be able to conduct business.  The best way to combat these restrictions is to help educate the state bar and state bar associations about the latest developments in technology and show these organizations that there are secure ways to deliver legal services through the use of technology.  VLOTech is eager to join with other legal professionals and legal software companies to ensure that the legal profession continues to move forward with technology that can benefit the public and the attorneys’ law practices.

If you have any questions about your current law office communication practices or would like to know more about how a Virtual Law Office with VLOTech could provide your law practice with secure attorney/client communication, please contact us at launch@vlotech.com.