E-Mail Security Key to Maintaining Privilege

November 4, 2008 Philadelphia Bar Reporter

Copyright 2008, Philadelphia Bar Association. Used with permission.

Maintaining e-mail security is critical to protect attorney-client privilege, attorney Joel Bernbaum told members of the Family Law Section at an Oct. 6 program on e-mail, the Internet and family law.

Bernbaum explained that e-mail should be treated as any other important paper document intended to be preserved and used for litigation.

During the initial client interview it is important to ask about e-mail accounts, both private and work related, password protections; and, to identify who has access to the client's e-mail accounts or to the storage devices where e-mails are archived, such as the computer's hard drive, a portable flashcard, a backup drive, or even a third party data archiving company.