November 01, 2012

Ethics 20/20 and Confidentiality

John P. Ratnaswamy

Hitting “Send” on an e-mail sometimes can be a bit daunting for a lawyer. Depending on the contents of the e-mail and its attachments, the e-mail might unintentionally disclose confidential client information or accidentally reveal it to the wrong person. Lawyers also may be uneasy about technological risks to the confidentiality of client files if the files are electronic and are accessed online, hosted on third-party servers, or stored in the “cloud.” Conversely, lawyers also can be concerned about what to do when they are or appear to be an unintended recipient of electronic information from opposing counsel or parties, or if they unexpectedly receive possibly confidential information from a potential client or someone purporting to be one.


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