Lawyers Can’t Secretly Track Emails, Illinois Bar Says

Illinois lawyers can’t ethically use covert software to track emails and other documents electronically sent to clients or other lawyers, a recent Illinois bar ethics opinion advises.

Bar panels in at least four jurisdictions now say it is unethical to use “web bugs” or other email tracking software to monitor how and when recipients review and circulate emails and other electronic documents. The Jan. Illinois opinion largely follows ethics opinions from Alaska, Pennsylvania, and New York addressing this issue. See 32 Law. Man. Prof. Conduct 638.

Stealth tracking software, which is often used for marketing, can track ...