341 Documents

Are you still sending 341 documents to my office by email?

If so, you need to start using the document portal instead. Go to https://documents.ch13edky.com.  Your user ID and password are the same as what you use for the 13network.  If you don’t use the 13network, email lswango@ch13edky.com to get a user ID and password.

If you continue to send tax returns to the trustee’s office via email rather than through a secure document portal, are you taking reasonable precautions to protect your clients’ confidences as required by Ky. SCR 3.130(1.6)[1]?  Are you and your clients aware of the risks associated with transmitting sensitive personal information contained in your clients’ tax returns by email?  Do you need to get your clients’ consent to use email to transmit unencrypted documents like tax returns?[2]

Because documents are encrypted while they are being uploaded to my office via the documents portal, it is a more secure option than sending tax returns by email. In addition, when you upload the documents to the portal, you get a receipt showing what you uploaded and when, and you are assured that my office actually receives the documents.



[1] From the Supreme Court Commentary to SCR 3.130(1.6):

(14) A lawyer must act competently to safeguard information relating to the representation of a client against inadvertent or unauthorized disclosure by the lawyer. . . .

(15) When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions to prevent the information from coming into the hands of unintended recipients.

[2] See KBA Ethics Opinion E-437 (March 21, 2014) (Use of Cloud Computing).

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