Do Missouri ethics rules require a disclaimer on emails to clients warning that email may be insecure?

Plain-English summary

The lawyer asked whether every email to a client needed a warning that email is insecure and a statement that the client consented to email communication. The opinion answers no; the Rules do not mandate that disclaimer.

The answer does not remove the confidentiality obligation. Rule 4-1.6 calls for reasonable precautions against unintended interception, and special circumstances or highly sensitive material may require additional security measures. The opinion points to several earlier informal opinions about client email.

In practice

Under this opinion, the absence of a standard email disclaimer is not itself a rule violation. The required security precautions depend on the communication and information involved.

Common questions

Q: Is an insecurity disclaimer mandatory on client emails?

A: No. The opinion says the Rules do not require one.

Q: Does the lawyer still need to protect email confidentiality?

A: Yes. The opinion cites reasonable precautions against unintended interception and possible special measures for highly sensitive material.

Background and rules framework

The opinion relies on Rule 4-1.6 and Comments [15] and [16] for confidentiality precautions in client communications.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-1.6 and Comments [15] and [16]

Other opinions cited:

• Missouri Informal Opinions 990007, 980137, 980029, 970010, and 970161

See also

• Missouri Informal Op. 2021-07: Electronic Client File

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/2012-01/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Question: Is Attorney required by the Rules of Professional Conduct to include a disclaimer on e-mails sent by Attorney to Client that e-mail is not a secure form of communication and that Attorney is communicating to Client via e-mail because Client has consented to the use of e-mail for Attorney-Client communication?

Answer: No. The Rules of Professional Conduct do not require Attorney to use a disclaimer on e-mails sent to Client. As with any form of communication with Client, Attorney must take reasonable precautions to prevent the unintended interception of confidential information, as explained in Comments [15] and [16] to the Confidentiality of Information Rule, 4–1.6. Special circumstances or the need to transmit highly sensitive information may require special security measures in order to comply with Rule 4–1.6. For further information about the use of e-mail for client communication, Attorney may consult Informal Opinions 990007, 980137, 980029, 970010, and 970161.