Modern law practices increasingly rely on technology to accomplish basic tasks. From digital calendars to cloud-based work management systems, advancements in technology can increase efficiency but also can increase risk. Misfired emails, for example, could give rise to claims of malpractice, violations of confidentiality, or waiver.
For attorneys, there is the risk of legal advice, which was transmitted for a single purpose in a unique context, being transmitted and recycled for use in connection with another purpose or context. There is also the risk of sending a confidential communication to the wrong person. For clients, there is the risk of waiving the attorney-client privilege. And for recipients of these communications, there is the risk of detrimentally relying on an opinion that is neither valid or applicable to the facts and circumstances for which the email was forwarded.
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