by PeterK

NY lawyers may not disclose that the client has been reading the opposing party’s client-lawyer e-mails

November 15, 2012 in E-mail, New York by PeterK

New York lawyers should not disclose client’s admission that client reading spouses e-mail with opposing counsel unless lawyer knows that such conduct is criminal or fraudulent. NY State Bar Assn Comm on
…read more

by PeterK

Carrier IQ and security of certain mobile devices

November 30, 2011 in Cellular phones, Confidentiality, E-mail, Electronic Files, Internet Use, Privacy, Security by PeterK

An interesting, perhaps troubling, issue raised with respect to security of certain mobile devices. Read more about Carrier IQ  (,,  A somewhat long video of how this works
…read more

by PeterK

Pennsylvania Lawyers Should Consult With Client Regarding Receipt of Errant E-mail

July 11, 2011 in Attorney-client privilege, Confidentiality, E-mail, Pennsylvania by PeterK

A lawyer who is mistakenly copied on an e-mail between opposing counsel and their client, must notify the sender and consult with the lawyer’s own client in deciding whether and
…read more

Unauthorized Activation of Auto-Forwarding is “Interception” Under Wire-Tap Act

February 16, 2011 in E-mail, Electronic Files by David Hricik

The Seventh Circuit in U.S. v. Szymuszkiewicz affirmed conviction of an IRS agent who had put a rule in his boss’s Outlook that forwarded a copy to him of every
…read more

Autocomplete Causes Misdirection: Court Disqualifies Recipients

January 3, 2011 in Attorney-client privilege, California, Confidentiality, E-mail, Internet Use, Privacy by David Hricik

The story with a link to the court’s order disqualifying the lawyers who read the misdirected e-mail is here.

California Issues Ethics Opinion on Confidentiality and the Use of E-mail and Technology To Transmit Client Information

December 26, 2010 in Attorney-client privilege, California, Cloud, Confidentiality, E-mail, Internet Use, Privacy, Rules of Conduct, Security by David Hricik

California Formal Opinion 2010-179 outlines the lawyer’s duties when transmitting or storing confidential client information when the underlying technology may be susceptible to unauthorized access by third parties. An attorney’s
…read more

Proposed Texas Rule of Civil Procedure: The Internet is Off Limits, Too, Jurors!

December 16, 2010 in E-mail, Ex Parte Communications, Internet Use, Rules of Conduct, Social Networking, Texas by David Hricik

An article and link to the proposed amendment to emphasize that communication about a case is off limits whether on the Internet or not is here. Trial lawyers should consider
…read more

McCain Palin Learn Blackberries Contain Confidences

December 15, 2008 in Confidentiality, E-mail, Electronic Files by David Hricik

We’ve noted here repeatedly that lawyers must safeguard client confidences, and so this story from CNN caught my eye: their campaign sold off a bunch of Blackberries to recoup some
…read more