Have you ever received an e-mail containing information from a client that seems confidential but you forward it to a third party anyway? Ever have an attorney approach you about that email stating what you sent was “attorney-client privileged” and now you have potentially jeopardized their case? I know of a few newbies that experienced this exact scenario and were so scared to send any additional emails. They came into my office and would ask me if it was okay to send an email before they sent it. Obviously, this would take a lot of energy and time away from billable matters so we’d have to discuss the best way for them to understand what should be sent and what they should maybe refrain from sending, at least before double checking.

Paralegals work in fast paced and challenging environment. It’s important for us to be extra cautious when sending and even receiving information. The exploration of the digital world has made it a little harder to control and protect legal documents and communication. Because of this, before we hit send or upload, we have to take several precautions. Here are a few things I like to incorporate into my everyday work flow to help me reduce or eliminate the possibility of sending privileged information to an inappropriate party.

1.Before replying all, check the names of each recipient. In some cases, clients are added to an email thread to “keep them in the loop”. However, they should not receive every response. Make sure you know whether or not each and every person on the email thread should be receiving the response. Also, make sure the Attorney is aware that there is a third party on the email thread. They might not be aware or fail to check the names each recipients themselves. 

2. Try to start a new thread for each new conversation.

3.Add “Attorney-Client Privileged” or “Confidential” to subject lines to alert the recipient(s).

4.When using remote platforms such as Zoom, be careful about posting comments in chats to avoid possible disclosure of information to the wrong party.

5.Be vigilant with information. I always air on the side of caution by simply adding passwords to all documents shared, files sent, USB’s sent etc.