When attorney-client privilege law first developed, carbon paper was considered cutting-edge technology. Today, technological advances allow lawyers to communicate with their clients in ways that would make Buck Rogers envious.
All that new technology, however, poses some difficult questions about the attorney-client privilege. With everyone e-mailing, texting and talking on mobile devices, in-house counsel may hope that these communications are confidential and privileged in case of litigation. But are they? The answer from the courts to date: It depends.
