Lawyeringlaw.com Tip of the Month

Tip for August 2018

Obtain Client Consent When Using Electronic Communications

Lawyers have a duty to preserve confidential and privileged client information. Sometimes, it is more efficient to use electronic means of communicating with clients that ave an element of risk of disclosure of the content of the communication to a third party. Faxed information could be seen by someone who is at the fax machine before your client gets to it. Unencrypted email can be risky. Lawyers should understand the risks of the use of such means of communications as cellular telephones, facsimile machines, email and computer-to-computer data transfers, and inform the client of the risks before using that means of communication. Obtain in writing the client's informed consent to your use of electronic means of communication. If the client provides specific directions, confirm the directions in writing and make sure that all attorneys and staff handling the client's matter know of the client's directions.