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August 20, 2013

Comments

John

Indeed it is important for a communication between a client and the lawyer to be completely confidential. Not a rocket science to understand the reasons, if it fell into wrong hands, may weaken the case and will not help any body.

Digital security and caution must be observed at all the times.

Allison Shields

Niki,

Thanks for pointing out the NY opinion - for the time being, as long as the access is only by computer and limited in the ways suggested in the opinion, NY lawyers are probably safe on that score. But other jurisdictions might not necessarily take the same view. All in all, it's an issue that lawyers should be aware of and should stay abreast of in their jurisdictions.

Allison

NBlack

Allison--In 2008, the NYS ethics committee addressed this issue and concluded that lawyers may use services such as gmail where a computer scans emails for content in order to serve up relevant ads in the sidebar. See Op. 820 (http://www.nysba.org/AM/Template.cfm?Section=Ethics_Opinions&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=13652)

Niki Black

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