Communications via computer network messaging (popularly known as “e-mail”) have become widely used in the United States and are expanding throughout the world as the Internet computer network expands. Where multinational corporations and law firm previously required specialized telephone or satellite links, the Internet network can eliminate the need for these additional costs. The same is true for law firms in practice areas with international needs (IP law, international trade, etc.) that have developed a network of associated local firms to meet those needs. Documents must often be sent between or among offices quickly in order to meet deadlines and establish filing dates.
But do the documents retain a “confidential” status when moved through the Internet network as attachments to e-mail? Is confidentiality affected if the e-mail communications are sent between countries (a situation often encountered in patent, trademark, and international licensing matters)? Can clients ask their lawyers for advice in an e-mail? Can the lawyer reply by e-mail? Those who provide advice and counsel as a living must pay particular attention to the form of communication used to discuss matters with clients. Use of an unsecured communication method can waive any privilege associated with the communication and may subject counsel to allegations of ethical violations.
