The Illinois State Bar Association recently concluded that e-mail should be treated no differently than telephone calls with respect to privilege and confidentiality. This article explains why you should be able to send e-mail to clients without fear of waiving a privilege or violating a duty of confidentiality. Although many have concluded otherwise, I think the ISBA has strong support for its view. The attorney-client privilege protects the client from compelled disclosure of communications with his or her professional legal advisor made in confidence, unless the client has waived the privilege.
Inadvertent disclosure can result in waiver of the privilege.
230 Ill. App. However, in general, taking reasonable security precautions will protect a communication. See generally, Bank Brussels Lambert v. The ethical obligation is broader than the attorney-client privilege. Skodie Gold Std.