For example, in the same way there are risks of communications being lost in the mail, there are risks of communications being lost in cyberspace. One problem is that the hype surrounding the new technologies creates expectations in both clients and lawyers that communications will be instantaneous, reliable, secure and effortless. The reality is somewhat different. Only by responding effectively to this reality can firms reduce the risk of claims against the firm and also the risks of lawyer frustration and client irritation with the firm's use of technology. Safeguards might include obtaining client consent to the means of communication, alerting the receiver to expect the communication, obtaining acknowledgment of the communication, confirming the communication in hard copy.
Some email systems are more secure than others.
In the USA, several cases involving breach of confidentiality and potential loss of attorney-client privilege have come before the courts and have prompted some bar associations to develop guidelines for electronic communications. Particularly at court and other public places the risk of breach of confidentiality is real. It takes time to develop habits and routines regarding electronic communications that will see them commanding the same attention as a pile of someone else's mail. Sometimes formats are obviously incompatible because the text is gobbledygook. However, text that seems intact may have lost some subtleties of formatting such as numbering that can affect the meaning.