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, 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.
Identifer | oai:union.ndltd.org:ucf.edu/oai:stars.library.ucf.edu:honorstheses1990-2015-2156 |
Date | 01 May 2011 |
Creators | McConnell, Justin W. |
Publisher | STARS |
Source Sets | University of Central Florida |
Language | English |
Detected Language | English |
Type | text |
Format | application/pdf |
Source | HIM 1990-2015 |
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