See all the legal forms, eBooks, and articles. Trial and Deposition Legal Forms and Checklists for Lawyers: LTF

This following free form or article is a result of our mission statement: "Making Good Lawyers Better."  It is a complimentary service of LawyerTrialForms. Thank you for being a lawyer! .

Emailing client’s at their workplace - Your specific duty to give specific advice.

Do you routinely advise a client who is employed not to use his/her employer’s email service or company issued smartphone to communicate with you?  Do you send messages to your clients at their workplace?

If your answer to either question is "no," you can be in trouble. A client who loses the protection of the attorney-client privilege (and your malpractice insurance carrier) may not like it if you did not follow your duty (repeat – duty) to specifically tell your client not to use his/her employer’s email service or company issued smartphone to communicate with you.

Any doubt in your mind about this? Then read Opinion 11-459 Duty to protect the confidentiality of email communications with one's client, ABA Standing Committee on Ethics and Professional Responsibility (Aug. 4, 2011). To sum the ABA’s opinion up:

Whenever there is significant risk that any third party will have access to the communication then "the lawyer must take reasonable care to protect the confidentiality of the communication by giving appropriately tailored advice to the client." [Emphasis supplied.]

[Read entire short article, in PDF format, here]->  

Our Litigation Tips, Tactics and Forms Newsletter is published as a free service for litigation attorneys.

If you would like to see these tips and tools to improve your litigation skills, use this sign-up form.

Sign Up for Litigation Tips Newsletter!

* Required





The legal forms, checklists, and articles of LawyerTrialForms™ are provided with the understanding that the author, editor, and publisher do not render legal or other professional services. If legal advice is required, seek the service of a competent professional. Purchasers should themselves research sources of original authority and local law.

This is free for your personal use, but it is copyrighted and should not be reproduced for others.