The modern internet makes it possible to communicate easily with any person in the world. This means that we can choose from a much wider field of doctors, grocers, gardeners, and stylists than would otherwise be possible – and that we can send them messages whenever we like.
The work of a lawyer often involves regular contact with a client. The internet, and email in particular, is a great way of getting essential details across. However, it’s a practice that’s not without its downsides. After all, the contents of these emails could be very sensitive, and a lax approach to security could result in personal details being compromised.
Let’s look at how we might prevent this from happening.
Don’t always assume attorney-client privilege
To begin with, you might assume that everything you say to a lawyer is legally privileged. But this assumption is often false. Just because you’re talking to a lawyer doesn’t mean that you’re protected. You’ll need to be clear that the message you’re sending is confidential, and that you don’t muddy the waters by mixing legal questions with non-legal ones.
Be careful who you share messages with
Email makes it easy to copy in third parties. If you’re dealing with a matter related to inheritance, then it might be that you’d like to copy in family members. But doing so increases your risk of unwanted disclosure. Keep the recipients to a minimum, and communicate essential details later on.
Pay attention to email security and storage
The average email inbox can be accessed by the company providing it. You’ll have no control over what the provider does to back up and store your data. Secure email for lawyers tends to bundle in more sophisticated, encrypted storage. This might not be something that clients need to worry about – but it’s worth looking at what your lawyer is using. The American Bar Association requires that lawyers take ‘competent and reasonable measures’ to safeguard data. In many cases, this means encryption and multi-factor authentication.
Familiarize yourself with digital traceability
When you send an email, you don’t just send the body of text within it, but also a whole range of additional data related to where you’re sending it from, and the details of the network. The use of privacy-enhancing measures, like a Tor browser, might help to preserve your privacy and reduce traceability.
