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YOU'VE GOT MAIL: THE STUDY OF THE ATTORNEY-CLIENT PRIVILEGE AND THE USE OF ELECTRONIC MAIL
- 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 |
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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. |
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Subject(s): |
e-mail 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 |
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Persistent Link to This Record: | http://purl.flvc.org/ucf/fd/CFH0003832 | |
Restrictions on Access: | campus 2016-04-01 | |
Host Institution: | UCF |