A lawyer sending or receiving substantive communications with a client via e-mail or other electronic means ordinarily must warn the client about the risk of sending or receiving electronic communications using a computer or other device, or e-mail account, to which a third party may gain access. The risk may vary. Whenever a lawyer communicates with a client by e-mail, the lawyer must first consider whether, given the client’s situation, there is a significant risk that third parties will have access to the communications. If so, the lawyer must take reasonable care to protect the confidentiality of the communications by giving appropriately tailored advice to the client.
From Our Lending Library Letters for Lawyers: Essential Communications for Clients, Prospects, and Others (Second Edition)
by Thomas E. Kane
Lending Library Number: 125
Frequent, effective written communication is vital to the successful practice of law. In today's legal industry, clients expect their lawyers to be responsive, efficient, and cost conscious. Communication with clients has never been more important. The new second edition of this publication will help ease the task of communicating with clients, prospects and others.