Which One is the Client?
A lawyer cannot follow a client's direction if they do not know the identity of their client. It may sound like an academic question, but there are many real-life situations where attorneys may be faced with the dilemma of client identity. Here are a few of those scenarios:
Posting Attorney-Client Communications On The Internet Is A Very Bad Idea
When you first see the headline “Lawyer Is Suspended for His Response to Internet Criticism,” it is easy to assume that a tech-hating functionary sitting in a professional responsibility office somewhere fundamentally misunderstood the internet and hung some poor lawyer out to dry. Yeah, not in this instance. After doing the run-of-the-mill sorts of things […]
Client Confidentiality in the Digital Age
The pathways for breaching client confidentiality — whether due to simple carelessness or inadequate security — continue to multiply as technology advances.
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.
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 […]