Not exact matches
Almost a decade later, a group of
lawyers from around the country developed a draft uniform law they encouraged all 50 states
to adopt, which would allow people
to specify in their wills that the executor of their estate can
access their
email and social media profiles.
Following a recent post on «Data Secrecy Violating Data Democracy in DC Public Schools (DCPS),» the
lawyer (s) from Washington DC sent me an
email, including the actual complaint they filed in DC Superior Court
to get
access to the DC teacher evaluations.
His
lawyers claimed in the court documents that his
emails, mobile phone and WhatsApp messages were hacked and that criminals
accessed his computer and phone
to send the messages in an attempt
to malign him.
According
to the opinion,
lawyers should ordinarily assume that an employer's internal policy allows for
access to the employees
emails sent
to or from a workplace device or system.
Even where a client
accesses personal
email on a personal smartphone or home computer,
lawyers should be sensitive
to issues of
access by other third parties, such as family members, particularly in cases such as divorces or will contests.
The opinion recites four considerations that would tend
to establish an ethical duty for a
lawyer to warn the client against using a business device or system for electronic communication: Where the client has already communicated by electronic means or has indicated an intention
to do so; where the client is employed in a position that would provide
access to a workplace device or system; given the circumstances, the employer or a third party has the ability
to access the
email communications and; that as far as the
lawyer knows, the employer's internal policy and the jurisdiction's laws do not clearly protect the privacy of the employee's personal
email communications via a business device or system.
The Committee then listed six different situations where
lawyers might consider a more secure communication method than
email, including when: 1) communicating highly sensitive or confidential information via
email or unencrypted
email connections, 2) sending an
email to or from an account that the
email sender or recipient shares with others, 3) sending an
email to a client when it is possible that a third person (such as a spouse in a divorce case) knows the password
to the
email account, or
to an individual client at that client's work
email account, especially if the
email relates
to a client's employment dispute with his employer 4) sending an
email from a public computer or a borrowed computer or where the
lawyer knows that the
emails may be read on a public or borrowed computer or on an unsecure network, 5) sending an
email if the
lawyer knows that the recipient may
access it on devices that are potentially accessible
to third persons or are not protected by a password, or 6) sending an
email if the
lawyer is concerned that the NSA or other law enforcement agency may read the
email, with or without a warrant.
Given that various
email providers have different levels of
access to email, and that it shouldn't be considered private communication unless further encrypted, what steps do
lawyers need
to take
to protect client's confidentiality?
After gaining
access to the client's
email account, the hacker surreptitiously monitors
emails going back and forth between the
lawyer and the client.
If you need feedback from your client, from other
lawyers, or even from an external consultant, there is no need
to email anybody a copy of the document, you just give them
access to the document in OneDrive.
The legal action stems from an
email posting that Maia Bent made in the fall of 2014
to the «listserve» that members of the trial
lawyers group can
access.
As suggested by the Committee, there are a number of different options available for
lawyers when unencrypted
email is insufficient
to protect confidential communications: «A
lawyer has a variety of options
to safeguard communications including, for example, using secure internet
access methods
to communicate,
access and store client information (such as through secure Wi - Fi, the use of a Virtual Private Network, or another secure internet portal)...»
Lawyers are finding themselves lost with nothing
to do and no
access to their work or even
emails.
However, if the
lawyer believes there is a significant risk that a third party will
access the communications, such as when the client is using an employer - provided
email account, the
lawyer has an obligation
to advise the clients of the risks of such communication.»
Mobile Helix is
to enter into a formal partnership with iManage, as the Manhattan - headquartered company also launches two - factor authentication for its mobile app, LINK, which enables
lawyers to access their documents,
emails, calendar and other web apps from one place.
The Cambridge - based startup, which last year closed a second over-subscribed funding round, allows
lawyers, clients and third parties
to communicate in real - time and eradicate
email congestion, centralising
access to legal documents and keeping clients up
to date on the progress of each legal matter.
In large part, the reason for Blackberry» popularity with
lawyers was 24/7 availability and
access to emails.
After reaching the narrow conclusion that, in employment cases,
lawyers have an obligation
to warn clients of the risk of discussing the case using employer - owned devices or accounts, the Committee explained that regardless of the type of case,
lawyers must assess whether client consent is required when communicating via
email: «A
lawyer sending or receiving substantive communications with a client via e-mail or other electronic means ordinarily must warn the client about the risk of sending or receiving electronic communications using a computer or other device, or e-mail account,
to which a third party may gain
access.
Beyond
email, 58 % of
lawyers use Dropbox
to access their data and files on their laptop and mobile devices wherever they are, and only 22.6 % of attorneys have no social media presence.
We are also providing direct
access to a
lawyer by telephone or
email to support the advice network in Enfield outside of surgery hours.
Think how powerful a team of
lawyers could be if it had immediate and easy
access to documents of all kinds, from spreadsheets and
emails to attractive marketing brochures and client newsletters, from court filings
to billing history, regardless of where the data was stored (on PCs, Tablets or in a central system).
And while the
lawyers at Lee & Associates spend a great deal of time outside of the office, going
to court, participating in mediation, examinations for discovery, pre-trials and other litigation procedures, they have
access to their
emails offsite and try
to respond promptly.
In a circumstance where a non-
lawyer violated solicitor — client privilege by
accessing the plaintiff's
email and reading
email exchanges with her
lawyer, the court required the defendant
to disclose the privileged information he obtained
to the plaintiff, restrained him from any use of the information, and ordered him
to pay all legal costs of the plaintiff.