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Perspective

Jan. 11, 2012

Attorney-client privilege: Beware the hazards of electronic communication

When emailing a client, never assume that it is protected by the attorney-client privilege. By Aaron Cohn and Janelle M. Smith of Holland & Knight LLP


By Aaron Cohn and Janelle M. Smith


Attorneys who routinely use e-mail to communicate with their clients may take it for granted that such communications are protected by the attorney-client privilege. But an opinion of the American Bar Association's Standing Committee on Ethics and Professional Responsibility demonstrates that the attorney-client privilege may inadvertently be waived if the attorney and the client fail to take steps to protect privileged comm...

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