Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
How Legal Tech Can Help Lawyers Protect Privilege and Better Serve Their Clients
A recent UK High Court ruling in The Financial Reporting Council Ltd v Frasers Group plc, [2020] EWHC 2607 (Ch) has provided lawyers everywhere with a stark reminder on the scope of privilege for electronic communications: just because an email itself is privileged does not automatically render the documents attached to that email privileged. In other words, despite carefully worded disclaimers and self-proclamations of privilege, if any attorney-client communication or its attachment(s) are shared beyond the initial or intended scope, privilege may be broken.
While this single court decision may be somewhat limited in scope, it highlights longstanding problems with lawyers using email to conduct communications and share confidential documents. Once a lawyer hits send, he or she loses control of the sensitive material the email contains. Some newer messaging platforms widely used in the business world, such as Slack, for example, allow for even more multi-directional conversations as well as the easy sharing of documents, further compounding the challenge of maintaining confidentiality and managing privilege.
But technology itself is not the problem. Rather, the issue is that most in-house legal departments and law firms are not currently using the tools they actually need: sophisticated systems designed for legal work that allow lawyers to better manage permissions and access controls in ways that protect privilege while still enabling timely communication. Some forward-thinking corporate legal departments and law firms have embraced these platforms, but many others either aren't aware they exist or continue to struggle with an overall resistance to using new technology. The pitfalls of email are not going away, however, and lawyers have a professional responsibility to find better solutions for their clients. It's time to realize the benefits of legal tech.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
How Secure Is the AI System Your Law Firm Is Using?
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.