The risks of e-mail communication

Two areas of risk in electronic communications include the "inadvertent waiver of attorney-client privilege" and the issue of document retention, according to authors Brenda R. Sharton and Gregory J. Lyons in their article, "The Risks of E-mail Communication: A Guide to Protecting Privileged Electronic Communication." The article ran in the September/October 2007 issue of the ABA Section of Business Law’s Business Law Today.

In order to protect the privilege, Sharton and Lyons suggest that in-house counsel do the following:

• "Be aware of when you are giving legal versus business advice in your e-mail."
• Consider using a lead-in phrase to the effect of, "You have asked for my legal advice on…" to delineate business from legal advice.
• Educate clients about the risks of informality in email, as well as the "paper" trail that email represents even when the "delete" button is pushed.
• "Selectively use ‘Privileged & Confidential’ notations on e-mail communications."

The entire article, "The Risks of E-mail Communication…" may be read here.

“The Risks of E-Mail Communication: A Guide to Protecting Privileged Electronic Communication” by Brenda R. Sharton and Gregory J. Lyons, published in Business Law Today magazine, Volume 17, Issue 1, September/October 2007.  Copyright © 2007 by the American Bar Association. Reprinted with permission.

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