X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
No lawyer — even the most ethical — would want a prosecutor to see or hear his client communications. Indeed, the most sacred ethic is that of confidentiality. Surprisingly though, even in post-Enron America, most lawyers believe that because the attorney-client privilege is likewise so sacred, it will triumph, rendering their client communications impervious to (and beyond the reach of) sophisticated adversaries who seek them in discovery. They somehow feel that their bilateral client contacts, even when made through e-mail, surely will not be disseminated. After all, they say, the devastating e-mails used by some businessmen, the kind of rapid-fire thoughts communicated electronically without the self-editing process used when committing something to writing by letter or fax, are not privileged in the first place. Say these lawyers: “It can’t happen to me, especially in a lawyer-client conversation. And I don’t write that stupid stuff, anyway.” These lawyers apparently gain comfort from ABA Formal Opinion 90-413, which, though somewhat off point, affirmatively states that lawyers may transmit communications, as well as client-confidential information, even by unencrypted e-mail over the Internet without violating their ethical duty to maintain client confidentiality. Lawyers who reach the conclusion that their communications remain protected may not have considered a number of other factors:

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.