Iowa reconsidered its 1996 opinion deleting its requirement for encryption but still demanding that clients give express waivers before attorneys send confidential information by e-mail. The difference in opinion may lie in the analogy drawn, e- mails Mr. Connolly. They note that those communications enjoy the expectation of privacy. The guiding principle is that if you're communicating confidential matters, you should use a medium that is appropriate to the message. His clients, however, e-mail sensitive messages to him via the Internet.
Few lawyers like to talk about privilege problems.
When he interviews a client in prison, he says, he assumes the room is bugged. Mr. Critelli says he agrees with the Iowa opinion. I've received misdelivered e-mail. That is to say, I have no problem discussing certain matters, but those things that I wouldn't discuss in a restaurant I would not discuss over e-mail. Here Comes the Judge Other concerns loom.