Abstract

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.

Notes

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Thesis Completion

2011

Semester

Spring

Advisor

Cook, Kathy

Degree

Bachelor of Arts (B.A.)

College

College of Health and Public Affairs

Degree Program

Legal Studies

Subjects

Dissertations, Academic -- Health and Public Affairs;Health and Public Affairs -- Dissertations, Academic

Format

PDF

Identifier

CFH0003832

Language

English

Access Status

Open Access

Length of Campus-only Access

None

Document Type

Honors in the Major Thesis

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Included in

Legal Studies Commons

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