Simple Steps to Help Safeguard Sensitive Legal Information
Whether someone is working through a business transaction, litigation, estate planning matter, employment issue, or another legal concern, protecting confidential information is an important part of protecting legal interests.
Attorney-client privilege exists to encourage open and honest communication between attorneys and their clients. While law firms take significant steps to safeguard confidential information, clients also play an important role in preserving confidentiality throughout a legal matter.
The following best practices can help reduce unnecessary risk and support the integrity of attorney-client communications.
Keep Legal Communications Within the Legal Team
Attorney-client privilege generally protects communications between a client and an attorney when those communications are made for the purpose of seeking or receiving legal advice.
Sharing attorney emails, legal advice, or strategy with individuals outside the legal team, including friends, family members, coworkers, business associates, or other third parties, may affect those protections.
If a legal matter becomes the subject of litigation, arbitration, or another dispute, communications that have been shared outside the attorney-client relationship may become discoverable or admissible as evidence under certain circumstances.
Before forwarding legal advice or copying others on attorney communications, clients should discuss the situation with their attorney.
Use Secure Methods to Share Information
Legal matters often involve confidential business, financial, medical, or personal information. Using secure methods to exchange documents helps reduce the risk of unauthorized access.
Whenever possible:
- Use your personal email account, not an email account provided through an employer unless you are working on behalf of the company.
- Use secure client portals or encrypted file sharing tools.
- Verify email addresses before sending confidential documents.
- Avoid sending sensitive information while connected to unsecured public Wi-Fi.
- Ask the legal team about the preferred method for sharing documents if there is any uncertainty.
Use Artificial Intelligence Carefully
Artificial intelligence has quickly become part of many people’s daily workflow, but it should be used thoughtfully when legal matters are involved.
Before entering information into a publicly available AI platform, individuals should consider whether the information is confidential or protected by attorney-client privilege.
Examples of information that generally should not be uploaded into public AI tools include:
- Attorney emails
- Legal advice or legal strategy
- Draft agreements
- Contracts
- Business plans
- Financial records
- Medical information
- Personally identifiable information
- Litigation documents
- Settlement communications
Information submitted to some AI platforms may be stored, processed, retained, or used in ways that are outside the user’s control. Depending on the platform and the circumstances, sharing confidential legal information with a third-party AI service may affect privilege or confidentiality protections.
If a matter becomes involved in litigation or another legal dispute, information shared with third-party AI platforms could potentially become relevant during the discovery process.
When there is any uncertainty about whether information is appropriate to use with an AI tool, individuals should consult their attorney before uploading it.
Protect Computers, Phones, and Email Accounts
Electronic devices often contain confidential legal communications and sensitive documents. Practicing good cybersecurity hygiene helps reduce unnecessary risk.
Recommended practices include:
- Using strong, unique passwords.
- Enable multi-factor authentication.
- Keep software and operating systems up to date.
- Lock devices when unattended.
- Avoid using shared accounts whenever possible.
Think Carefully Before Discussing or Posting About a Legal Matter
Conversations and social media posts can sometimes have unintended legal consequences.
Before discussing an active legal matter with others, or posting about it online, individuals should consider whether the information could affect legal strategy or become relevant later.
When questions arise, it is generally best to discuss the situation with an attorney before sharing information publicly.
Stay Alert for Fraud
Legal matters can sometimes attract scammers attempting to obtain confidential information or redirect payments through fraudulent emails or phone calls.
Unexpected requests involving the following should always be verified before responding:
- Wire transfer instructions
- Banking information
- Payment requests
- Passwords
- Confidential documents
Clients should contact their attorney or legal team using a known phone number whenever an unexpected request appears suspicious.
When in Doubt, Ask Before Sharing
Every legal matter is unique, and confidentiality questions are rarely one-size-fits-all.
Before forwarding attorney emails, sharing confidential documents, discussing legal strategy with others, or uploading information into an AI platform, individuals should seek guidance from their attorney. Taking a few minutes to ask questions beforehand may help avoid unnecessary risks and better protect confidential legal information throughout the course of a legal matter.
When it comes to confidential legal information, a few thoughtful precautions today can help prevent significant challenges tomorrow.
The information in this article is intended for educational purposes only and is not legal advice. Viewing this content does not establish an attorney-client relationship with Goosmann Law Firm. Because every situation is different, you should consult an attorney regarding your specific legal questions before taking or refraining from any action.