attorney-client privilege


The Difference Between Confidentiality and the Attorney-Client Privilege

Attorneys often confuse the ethical concept of the duty of confidentiality and the evidence concept of the attorney-client privilege. Let’s clear up some of that fuzziness.


Attorney-Client Confidentiality and Email

How the ABA addresses email communication and how it affects lawyers' duty of attorney-client confidentiality.

Does Using Gmail Put Attorney-Client Privilege At Risk?



This Post is Privileged and Confidential

Email disclaimers should be sparingly used, appear at the beginning rather than the end of the email, and state that information in the email is confidential or privileged only when it really is.


Advising Clients and Their Spouses: An Issue of Privilege

The loss of the attorney client privilege could hurt your client and place you on the hook for malpractice, unless you handle it the right way.

Include An Accountant in Attorney-Client Privilege

Robert W. Wood describes the case law and technique for including an accountant in the attorney-client privilege for sensitive financial matters.

Prevent Clients from Waiving the Attorney-Client Privilege

A large part of clients' trust comes from the protection of the attorney-client privilege. But are your clients inadvertently waiving that privilege?

Double-Check E-mail Recipients to Avoid Disqualification

Prevent privileged information from falling into the hands of opposing counsel by always double checking your e-mail recipients.

Prevent Confidentiality Leaks in Your Firm

Confidentiality is the responsibility of lawyers and staff, and everyone should keep their eyes and ears open for unintentional slips.

Is Google Getting Ready to Sell Lawyers Out?

Google's CEO, Eric Schmidt, just said something that makes me seriously reconsider whether I should be trusting his company with my clients' information:

Assisting Indecisive Clients

When your client is stuck on an important legal decision, try a variety of techniques to help them out.

Can You Trust Google Apps (And Other SaaS)?

Cloud computing, or software as a service (SaaS), means moving your applications from your computer to the “cloud.” It is the difference between Microsoft Word (locally-hosted, since it is on your computer) and Google Docs (remotely-hosted, since it is on Google’s computers). The most-common objection to using SaaS is the fear of waiving the attorney-client […]

Emailing clients at work: privilege trumps employer policy

When attorneys email clients at work, can an employer's access to those emails destroy attorney-client privilege?

The longest email disclaimer?

I think this is what happens when you just keep adding things over time. This person has obviously not read Eric’s post on the subject of email confidentiality disclaimers. I do not think this person has the slightest chance of preserving any rights or privilege as a result of this monstrosity. While this is obscenely […]

Notes from a Twitter curmudgeon

To my own surprise, I’ve been using Twitter lately (“tweeting,” for those in the know).  I say surprise because I really still don’t understand what all the fuss is about. But there’s an awful lot of fuss and I hate to be the last one to show up at a party. Since Sam encouraged people […]