How to Maintain Attorney-Client Privileged Communication

Attorney-client privilege exists to help protect any information shared between a client and their lawyer. However, with changing technology trends maintaining privacy has grown more difficult.

However, with the right cloud communications tools you can not only keep client information secure but streamline communication throughout your legal practice.

Learn what the scope of attorney-client privileged communication entails, how technology trends are making this more difficult, and how a secure UCaaS provider can help to improve privacy standards across the board.

What Is Attorney-Client Privileged Communication?

Attorney-client privilege is a privacy rule that protects the confidentially of any information that’s shared between a client and their lawyer. This helps to protect the client as the lawyer cannot share or divulge any confidential client information to any third-parties.

This makes it so clients feel comfortable openly sharing honest and accurate information in order to improve the representation a lawyer is able to provide.

It also helps to protect lawyers from having to testify or even being forced to testify, against their clients. Even information that isn’t disclosed by the client, but relates to the client’s case can be protected as well.

In order for the attorney-client privilege to become active there are certain requirements that must be met like:

  • Your lawyer is advising in a professional capacity (even if they happen to be your friend or relative)
  • A client starts communication with a lawyer regarding legal advice
  • A client approaches a lawyer with the intent of keeping communication private

Once a dialogue has started the lawyer cannot reveal any communication, whether written or verbal, which the client wants to remain private. Any communication that is revealed can only be done at the consent of a client.

In some cases, the client can waive this privilege, but it is always the decision of the client, never the lawyer. Even after the client and lawyer relationship is over the privilege to keep information confidential still remains.

This rule will differ in some regards from state to state, and between state and federal courts, but generally, the scope of the rule remains the same.

Technological Issues in Attorney-Client Privilege

Recent advances in communication technology have made achieving attorney-client privilege more difficult than in the past. With things like texting, Skype calls, video conferences, and more it can be difficult to keep track of

Beyond thinking about security across the multitude of communication methods available to lawyers and their clients there are additional risks like:

  • Client information and data loss
  • Higher risk of hacking and compromised information
  • Greater chances of information theft with each new communication channel added
  • Right to access sensitive information
  • Technology vendor security and privacy standards

However, using a secure cloud communication provider can greatly help to ease some of these security issues and keep attorney-client privilege intact.

VoIP and UCaaS Features to Aid in Legal Communication

With a secure VoIP or UCaaS provider behind you, you’ll be able to not only streamline communication but also help to elevate the level of privacy you can offer your clients.

Here are a few features cloud communication providers can offer you to improve legal communication standards:

Integrated Call Management

With a call management system, you’ll have greater control over your legal phone system. Whether that’s assigning calls to the right staff members on a case-by-case basis, monitoring calls for improved performance, and a lot more.

Not only will you be able to offer a better phone service to your clientele, but you’ll be able to improve the privacy of client information as well.

Secure Video and Web Conferencing

A cloud communication system will integrate other forms of communication like video and web conferencing. This allows you to offer your clients multiple methods of communication, all in a secure and private environment.

Cloud Communication Systems

Cloud communication systems can help to cut internal technology costs while improving security across the board. Plus, with a cloud system, all you need is a stable internet connection to access your communication dashboard.

A Secure Communication Environment

Cloud communication tools offer you encrypted communication and secure data storage. Both of these are a necessity for ensuring any digital communication that takes place between you and your client remains completely private and confidential.

Maintaining attorney-client privilege is absolutely essential for any legal practitioner. However, with the increasing adoption of technology into everyday workflows maintaining this privilege has become increasingly difficult. By using a secure cloud communication provider you can not only ensure a high level of security but streamline communication throughout your law office.

When it comes to ensuring legal communication, 8x8 provides reliable and compliant cloud solutions at a demanding level rarely seen by other cloud providers. Don't take your chances with a subpar cloud-based telecom system. Call 1-866-879-8647 or fill out an online form to request a no-obligation quote from an 8x8 product specialist.

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