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YOU'VE GOT MAIL: THE STUDY OF THE ATTORNEY-CLIENT PRIVILEGE AND THE USE OF ELECTRONIC MAIL

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Date Issued:
2011
Abstract/Description:
The prolific use of the internet and electronic mail within the legal profession presents novel challenges to the application of the attorney-client privilege; especially, in regards to protecting intended confidential communications relayed through e-mail. This thesis addresses the question of whether an attorney in Florida, through electronic mail use, can waive his client's right to the protections of the attorney-client privilege. After a review of current case law, law review articles, statutes, and texts, this thesis concluded that an attorney's communication through e-mail warrants a reasonable expectation of privacy, permitting the attorney to speak in reasonable confidence to clients through the web. However, attorneys, ethically, should consider the strong repercussions for using such a potentially transparent medium for communication. By examining the relationship between current law, the application of the attorney-client privilege, and a reasonable expectation of privacy, this study provides a comprehensive analysis for attorneys concerned with electronic mail usage. Lastly, this thesis provides attorneys with best practices for their electronic mail communications.
Title: YOU'VE GOT MAIL: THE STUDY OF THE ATTORNEY-CLIENT PRIVILEGE AND THE USE OF ELECTRONIC MAIL.
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Name(s): McConnell, Justin, Author
Cook, Kathy, Committee Chair
University of Central Florida, Degree Grantor
Type of Resource: text
Date Issued: 2011
Publisher: University of Central Florida
Language(s): English
Abstract/Description: The prolific use of the internet and electronic mail within the legal profession presents novel challenges to the application of the attorney-client privilege; especially, in regards to protecting intended confidential communications relayed through e-mail. This thesis addresses the question of whether an attorney in Florida, through electronic mail use, can waive his client's right to the protections of the attorney-client privilege. After a review of current case law, law review articles, statutes, and texts, this thesis concluded that an attorney's communication through e-mail warrants a reasonable expectation of privacy, permitting the attorney to speak in reasonable confidence to clients through the web. However, attorneys, ethically, should consider the strong repercussions for using such a potentially transparent medium for communication. By examining the relationship between current law, the application of the attorney-client privilege, and a reasonable expectation of privacy, this study provides a comprehensive analysis for attorneys concerned with electronic mail usage. Lastly, this thesis provides attorneys with best practices for their electronic mail communications.
Identifier: CFH0003832 (IID), ucf:44756 (fedora)
Note(s): 2011-05-01
B.S.
Health and Public Affairs, Dept. of Legal Studies
Masters
This record was generated from author submitted information.
Subject(s): e-mail
email
electronic mail
attorney
lawyer
client
attorney client
attorney-client
privilege
legal
law
expectation of privacy
internet
computer
network
profession
confidential
communication
communications
medium
inadvertent
disclosure
third
party
Persistent Link to This Record: http://purl.flvc.org/ucf/fd/CFH0003832
Restrictions on Access: campus 2016-04-01
Host Institution: UCF

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