TE_WEALTH WATCH SINGLE STORY_
A Penton Media Property
May 18, 2011
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FEATURE STORY
--The Walls have e-Ears
By Samantha Weissbluth, senior counsel, and Simon Johnson, associate,
Foley & Lardner LLP, Chicago
May 18, 2011 Electronic communications are causing headaches for
lawyers and clients alike
The telecommunications revolution has been a boon for lawyers in many
respects, making research and communication exponentially faster and
easier than it was a mere decade ago. But, as any practitioner knows,
for every problem solved by our advancing technologies, new ones are
created. The speed and ease with which lawyers and clients can
communicate with each other and with third parties by email, instant
message and text can lure us into thinking of these communication
methods as analogous to in-person or phone conversations. But
electronic communications are different in one crucial respect: they're
automatically recorded. This creates two problems. First, the
occasional careless remark over email or instant message may constitute
a waiver of attorney-client privilege. Second, the volume and scope of
materials available in discovery becomes so vast that it's easy to
mistakenly violate the discovery rules, potentially scuttling your case.
To view the full article go to:
http://trustsandestates.com/wealth_watch/electronic-communications-lenz-discovery-0518/
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