Email unquestionably enhances the quality of many individual representations. But when clients use their work emails, systems, or devices to communicate with their lawyers, they may, unwittingly, compromise the privileged nature of those communications, exposing those candid exchanges to their adversaries or to regulators and prosecutors. For some time, many lawyers have advised clients to use personal, web-based email for attorney-client communications, and to refrain from sending emails and text messages from their employer-issued BlackBerrys — instructions all too often observed in the breach. A growing body of case law, and a recent opinion issued by the American Bar Association, make clear that lawyers must help clients assess the risks of sending emails from work systems or devices.
THE ‘ASIA GLOBAL’ FACTORS
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