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Article
The Attorney-Client Relationship in the Age of Technology
Mississippi College Law Review (2013)
  • Grace M. Giesel
Abstract
Advances in technology have greatly increased the ways a lawyer might interact with clients and potential clients.  These advances have multiplied the avenues of communication. For example, lawyers of today can communicate by email with clients or potential clients  and also have all the possibilities the internet offers for communicating in writing, pictures or video. Advances in technology also have made it possible for lawyers and potential clients to interact virtually.  For example, a lawyer might have a website upon which a potential client might access a questionnaire.  The potential client, without the actual knowledge of the attorney responsible for the website, but with the attorney’s general knowledge of the website and questionnaire, might respond to the questionnaire by disclosing all sorts of information.Does the attorney-client privilege apply to those disclosures?  Does the attorney, for purposes of professional responsibility, owe duties of confidentiality or loyalty or care to the people responding to the questionnaires?  Might the disclosures create a basis for disqualification of the attorney in future matters?  Might the attorney owe the people responding to the questionnaires a duty of care such that the attorney could be liable for malpractice?


 

Keywords
  • Professional Responsibility,
  • Lega Ethics
Disciplines
Publication Date
2013
Citation Information
Grace M. Giesel. "The Attorney-Client Relationship in the Age of Technology" Mississippi College Law Review Vol. 32 Iss. 2 (2013) p. 312 - 344
Available at: http://works.bepress.com/grace_giesel/26/