ISBA Ethics Opinions on E-mail | Illinois State Bar Association

Opinion 18-01 | Communication With Represented Person | Confidentiality | E-mail
Use of tracking software in emails or other electronic communications

A lawyer may not use tracking software in emails or other electronic communications with other lawyers or clients in the course of representing a client without first obtaining the informed consent of each recipient to the use of such software. It is not reasonable to require that lawyers acquire special devices or programs to detect or defeat tracking software.
Opinion 96-10 | Advertising and Solicitation | Confidentiality | E-mail
Use of e-mail, Lawyer Websites

Lawyers may use electronic mail services, including the Internet, without encryption to communicate with clients unless unusual circumstances require enhanced security measures.

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.