The same rules that apply to written business correspondenceapply to e-mail. However, since e-mail travels faster and moreefficiently, the practical problems inherent with all lawyercommunications are magnified.
Some experts recommend the use of encryption techniques forclient e-mail communications.
However, the difficulty of use, andthe weakness of the legal arguments requiring the use of suchtechniques, makes such use inadvisable for ordinarycorrespondence. For documents that require special handling, suchas contracts or settlement agreements or sensitive materials,encryption is prudent. In certain situations, encryption may be desirable from abusiness standpoint, to avoid all risk of interception, and wherethere is a likelihood that certain information may be the subjectof attempted theft. However, I am aware of no specific ethical orlegal requirements, at this time, for such use. Even though there is probably no ethical or legalrequirement to encrypt e-mail, if you have made a determinationthat it is desirable, encryption gives protection that is notavailable for written correspondence.