Friday, September 9, 2011

Is a Client Sending You Email on a Work Computer? Duty to Warn Could Apply, ABA Opinion Says




http://ow.ly/6qhS7

An article by Martha Neil appearing on ABA Journal Law News Now.

This article discusses the Formal Opinion 11-459.  A link to a PDF of the formal opinion is provided in the link above.

As the article states, "If a client is emailing his or her lawyer from a work computer or an employer's electronic device, there's a good chance that the communication could be intercepted by the employer.

And, especially if the matter concerns a workplace issue, that may implicate a duty".  The article discusses the ABA Model Rules of Professional Conduct, and states that an attorney may need to provide a client warning of possible risks associated with email communication.


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