As email has become ubiquitous, lawyers have found themselves enmeshed in a number of new concerns regarding ethics and liability. This article reviews a few of the concerns lawyers must consider in their use of email.
Informal Use of Email
Dashing off an email can be too easy. Before email existed, a lawyer occasionally sent a letter he or she regretted. It is much easier do the same thing with email. Disciplinary cases and malpractice claims have been aggravated by spur of the moment, hotheaded responses by email. In some cases, lawyers have discussed client situations involving potential malpractice or ethical concerns by email. Courts have often ruled such emails to be discoverable, particularly if the email conversations were not between a designated in-house counsel and lawyers involved with the matter. Emails sent in the course of a law practice should be as carefully drafted and considered, just like more formal documents.
Email Confidentiality
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
