The Issues and Risks with Electronic Communications Although the methods of communication may be radically changing, the principles of trust and security the legal profession has followed for years remain intact. The principles of controlled information, access and security include: Confidentiality Privacy Authenticity of Representation Authority to Act Non-Repudiation Historically, these principles have been satisfied by: Documentary evidence of authority Third party attestation such as witnesses and Commissioners of Oaths Physical and access security of information and documents Provincial and Federal legislation has been passed to place electronic documents and information on an equal footing with paper-based documents and information. Federally, Bill C-6 recognizes the authenticity of digital signatures as a legally binding alternative to hand written signatures. The Federation of Law Societies of Canada responded by developing the Guidelines on Ethics and the New Technology. Individual Law Societies have responded by adopting these guidelines as well. As stated in the guidelines, when dealing with electronic communications, lawyers must: Develop and maintain an awareness of how technically best to minimize the risks of such communications being disclosed, discovered or intercepted; Use reasonably appropriate technical means to minimize such risks; When the information is of extraordinary sensitivity, advise clients to use encryption software to communicate with their lawyer, and use such software; and Develop and maintain such law office management practices as offer reasonable protection against inadvertent discovery or disclosure of electronically transmitted confidential messages. Juricert Services Inc., created on behalf of Canada's legal profession, is mandated to reduce the risk, improve the certainty and enhance the trust in professional communications using the Internet. Juricert sources out companies such as IDscript Digital Credentials Inc. to provide the tools needed to create a trusted electronic environment for the practice of law. IDscript Digital Credentials Inc. is proud to offer IDscript Juricert™ Authenticated TrustMint™ Professional Digital Certificates and IDscript Juricert™ Authenticated TrustMint™ SSL Server Certificates to Canada's legal community. To find out more about digital certificates and how they can minimize security and liability risks, click here. Your Law Society Law Societies across Canada are implementing Ethics and Professional Practice Guidelines. Click on the appropriate link to access your Law Society. Law Society of British Columbia Law Society of Alberta Law Society of Saskatchewan Law Society of Manitoba Law Society of Upper Canada Barreau du Québec Chambre des notaires du Québec Law Society of New Brunswick Nova Scotia Barristers' Society Law Society of Prince Edward Island Law Society of Newfoundland Law Society of Yukon For more information of the Federation of Law Societies of Canada Guidelines for Ethics and the New Technology, click here.
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