WHAT HAPPENS IF LAWYER-CLIENT EMAIL IS INTERCEPTED?
The consequences of interception of attorney-client communications depends entirely on the context and extent of the interception. This is not a recent or uncommon phenomenon. The profession has responded to each advance in communication technology. Before the Internet, there were a myriad of ways to monitor communications. Vulnerabilities that arise from use of electronic communication are not altogether new. But the distinction with Internet email is not with the existence of surveillance, but with the methods by which it may be achieved. This is not to say that we need to hand deliver every piece of confidential information or construct soundproof rooms to conduct meetings. The legal standard is a reasonable expectation of privacy; it need not be absolute. The ABA itself notes that a simple and practical way to protect email traffic is to encrypt it. This may be accomplished by any number of means. The best is to outsource email delivery, security, protection and receipt to skilled
