![]() ![]() Then, it’s important to schedule regular reviews of those best practices and adjust themed based on later changes in communications and data storage technologies and applications. If you have not done so already, your law firm, corporate legal department or government agency would be well served by taking immediate action to educate your legal team and adopt best practices. With rapid and ongoing changes in digital communications and storage technology―as well as our changing habits―come new risks to the sacred doctrine of attorney-client privilege. Most importantly, if you’re ever unsure about whether or not your communication is covered by attorney-client privilege, just ask! Details can vary and if it’s not clear to you, it’s always better be upfront and ask the attorney that you’re working with.Attorney-client privilege: a checklist for digital communications In those instances, your attorney may not be under any obligation to safeguard that information. Not only are you protected before officially retaining an attorney and during your representation, but thanks to the Duty of Confidentiality, your attorney must maintain your privileged information and communication, even after your representation ends.Īs a client, you can intentionally waive the privilege and allow your attorney to share the confidential interactions or facts.īut don’t make the mistake of unintentionally waiving that privilege by doing things such as, mistakenly telling a third party, or announcing something on social media that should remain confidential about your case. This privilege truly covers things from start to finish.
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