On balance, it is an excellent description of how newer technologies impact the duties of competence and client confidentiality. It seems particularly wise in not addressing these issues by taking on particular technologies; rather it provides a sensible approach enabling an attorney to understand what the potential problems are and how they miight be resolved in a practical while ethical manner.

I differ with the opinion on language in the section about “legal ramifications to a third party who intercepts, accesses or exceeds authorized use of the electronic information.” The discussion at page five of the opinion does clear things up in that regard, but the summary point could be clearer. What I think they mean to say is “applicability of civil or criminal laws protecting an expectation of privacy, with consequences to a third party who intercepts, accesses or exceeds authorized use of the electronic information.”