Commission on Law & Technology


It is important for Delaware lawyers and supporting personnel to understand the importance of email communication. According to the Buntin Group ad agency and Survey sampling International, Email is the most frequently used form of communication followed by Facebook. Email; being the number one form of communication means that there is no shortage on the number of vendors, services and software that can be used to transmit and receive messages. This also means that it is a heavily targeted and can be a successful means to deliver malware, viruses and tools to implement Trojans, phishing schemes among others intended to do harm. While it may not be expected for lawyers to be experts in security and understand the specifics on email communication; lawyers should make a conscience effort to secure and show care of data that is transmitted through this medium.

Policies should be created that required email encryption for all messages that contain confidential information or attachments that contain confidential information. The policy should identify the content that must be encrypted. (e.g. medical records, ssn numbers, client financial information; etc.).