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Email Communications and the Ethical Risks

Originally Presented Wednesday, April 7, 2021

Used properly, email is an excellent method of communication for lawyers and allows for prompt interaction with individuals both within and outside of a law firm or office. That said, email communication can also be a hotbed for ethical violations, with risks of inadvertently waiving attorney-client privilege, violating the duty of confidentiality, and more. This encore CLE presentation will address significant lawyer obligations under the Rules of Professional Conduct, including RPC 1.1 and 1.6, the risks that email communication raises, and best practices for efficient use of this technology while protecting clients --and lawyers.

Panelists will offer guidance on the following, among other topics:

• Technical Competence as required by Rule 1.1
• “Reasonable efforts” required under Rule 1.6 (d) to protect client confidentiality
• Pennsylvania Bar Formal Opinion 2020-100 as to risks of potential disclosure
• Practical effect and inherent risk of using “cc” to client on email to adverse counsel. What is the best way to prevent any such risk?
• Whether use of “Reply All” can properly support a claim of violation of Rule 4.2. Opinion 2020-100 stated that it does. However, an alternative analysis contends that it would not. Attend and become familiar with both views.

Attend this program and learn to avoid ethical missteps when using email communications in your legal practice. 

Panelists:
Hon. Denis P. Cohen
Court of Common Pleas - Trial Division
First Judicial District

Monique Myatt Galloway, Esq.
Regional Counsel
General Services Administration (GSA)

W. Bourne Ruthrauff, Esq.
Bennett, Bricklin & Saltzburg LLC

Deborah A. Winokur, Esq.
Conflicts Counsel
Cozen O’Connor, Philadelphia

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