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YOU'VE GOT MAIL: THE STUDY OF THE ATTORNEY-CLIENT PRIVILEGE AND THE USE OF ELECTRONIC MAIL
Title
YOU'VE GOT MAIL: THE STUDY OF THE ATTORNEY-CLIENT PRIVILEGE AND THE USE OF ELECTRONIC MAIL.
Creator
McConnell, Justin, Cook, Kathy, University of Central Florida
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,...
Show moreThe 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.
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Date Issued
2011
Identifier
CFH0003832, ucf:44756
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0003832