Email and the Duty of Attorney-Client Confidentiality
Your attorney requests information. You send your lawyer an email with the answers, and then you question: Is my email safe? Will anyone else access this information? Should I have waited?
All attorneys have a duty of confidentiality to their clients. This is one of the foundations of the attorney-client relationship. It allows clients to share all relevant information with their lawyer without fears of the consequences.
When a Middle Tennessee lawyer meets a client for the first time, he should advise clients of the duty of confidentiality. He should recommend that the client do his part to keep the conversation between the lawyer and client confidential. The attorney should make sure that his conversations with the client are not overheard.
What about email? For many people, email or texting has become a standard mode of communication. It is much easier to email documents than it is to make copies and find the time to drive them to another part of town. How is the confidentiality of emails guaranteed?
Many lawyers use email disclaimers. These disclaimers warn that email may not be secure and may be accessible by a third party, but they do not qualify as ‘reasonable steps’ to preserve confidentiality. Attorneys should therefore assume that email is not confidential and avoid sending private information through electronic communication, unless the communication is encrypted to prevent access by third parties.
While there are no guidelines for email confidentiality, an attorney must do his best to keep all client information private. If your attorney caused you harm through a breach of confidentiality, you may be able to file a Tennessee legal malpractice lawsuit. To learn more, contact the Memphis legal malpractice attorneys at Bailey & Greer at 901-680-9777.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
Read more about Thomas R. Greer