By Mark Johnson and
(Second of Two Parts)
(In the first part of this article in last month’s issue, the authors provided the first seven of their “Baker’s Dozen” tips for avoiding legal malpractice. A regular half-dozen tips follow to round out the list.)
8. Advise Your Client of Electronic Hazards
Courts have held in both civil and criminal cases that if a client communicates with his or her lawyer via a computer or cell phone provided by an employer, such communications are not privileged. A bank manager was held to have waived the attorney–client privilege in a criminal case by using the...