Law practice without email is difficult to imagine. Clients and courts not only use it but expect lawyers to use it for communications. But email comes with a host of substantial ethical issues. Is email secure? Can it be used to – even inadvertently – create an attorney-client relationship? How does email impact the attorney-client privilege? What about email conversations with a represented adversary? How can confidentiality and other ethical duties be satisfied when law firms almost always work with outside vendors to provide email? These and other substantial ethical questions will be discussed in this practical guide to the ethical issues when lawyers use email in their practices.
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