What if you as a retained lawyer send an email to a client at their workplace? Does the workplace have any ownership of the message?
Same question - client at home and their ISP. -----Original Message----- From: Nick Rout [mailto:[EMAIL PROTECTED] Sent: Tuesday, 22 February 2005 9:57 a.m. To: [email protected] Subject: Re: Email ettiquette rant On Tue, 22 Feb 2005 09:39:29 +1300 (NZDT) Philip Charles wrote: > On Tue, 22 Feb 2005, Nick Rout wrote: > > > And there is no doubt that they have legal effect. Some duties of > > confidentiality depend on the person on whom you wish to impose a > > duty having knowledge of the confidential nature of the information. > > Can such a notice impose a duty of confidentiality on me if it is sent > to me in error? Other than good manners etc. Yes, for example if I (as a lawyer) accidentally send a message to you instead of my client (maybe he has a similar name), and I make it clear that it is in fact confidential, or if the nature of the communication is obviously confidential, then yes you would have a duty not to splash it all over the papers. (I could however get into trouble with my client and the Law Society for breach of professional duty.) Lawyers' clients are, of course, in a special position in regards to communications to and from their lawyers, but there are other situations where there are recognised duties of confidentiality. I am not going into a legal treatise now on confidentiality. > > Phil. > > -- > Philip Charles; 39a Paterson Street, Abbotsford, Dunedin, New Zealand > +64 3 488 2818 Fax +64 3 488 2875 Mobile 025 267 9420 > [EMAIL PROTECTED] - preferred. [EMAIL PROTECTED] > I sell GNU/Linux & GNU/Hurd CDs & DVDs. See http://www.copyleft.co.nz -- Nick Rout Barrister & Solicitor Christchurch <http://www.rout.co.nz> <[EMAIL PROTECTED]>
