It was not customary for tugs to carry such radios, found Judge Learned Hand. But he nonetheless held the tug liable for failing to use technology then in common use elsewhere. William Freivogel, an attorney with the Attorneys' Liability Assurance Society, notes that T.J. Hooper has not been applied to privilege or professional liability issues. Today, we communicate with clients by fax, cell phone and e-mail. The first two are laughably insecure.
Encryption is relatively rare today.
But software is available that will almost effortlessly encrypt an e-mail message. But e-mail's dangers are great. But if he reads it before he's notified, he may be under obligation to make use of the information. I reminded him it was a confidential document. Mr. Nuara faxes only directly to a client's hotel room, he says.