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Tag Archives: Email

Law Firm Email Encryption – Are You Ethically Compliant?

11 Thursday May 2017

Posted by Celia C. Elwell, RP in Clouds, Confidentiality, Emails, Ethics Opinions, Law Office Management, Legal Ethics, Legal Technology, Rules of Professional Responsibility, Technology, Technology

≈ Comments Off on Law Firm Email Encryption – Are You Ethically Compliant?

Tags

ABA Ethics Opinion, Email, Encryption, Jim Calloway's Law Practice Tips Blog

ABA Issues New Ethics Opinion on Encryption of Attorney-Client Email, Jim Calloway’s Law Practice Tips Blog

http://bit.ly/2qy8J2a

Does your state have an ethics opinion about encryption of your firm’s email? Do you use encryption? Do you use a secure cloud based platform? If you are not sure, don’t you think you should check?

Most law firms frequently use email over fax and regular mail to communicate with their clients, their expert witnesses, and opposing counsel. What is your obligation to ensure confidentiality of your firm’s email, and are you meeting it?

The ABA’s ethics opinion is instructive, as well as the Texas ethics legal opinion referred to by Mr. Calloway at the end of his post. -CCE

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How To Avoid The Emails We Wish We Had Never Sent.

25 Saturday Jul 2015

Posted by Celia C. Elwell, RP in Emails, Law Office Management, Legal Technology, Technology

≈ Comments Off on How To Avoid The Emails We Wish We Had Never Sent.

Tags

Email, James B. Levy, Legal Skills Prof Blog, Legal Tips & Technology

Tech Tip Of The Day: Add A Two Minute Delay To Sending Emails, by James B. Levy, Legal Skills Prof Blog 

http://tinyurl.com/oub7e74

This is a great tech tip from the Harvard Business Review blog that most of us should probably implement. It involves programming your email account to wait two minutes before each message is sent. It’s a great fail safe measure to prevent those emails we regret as soon as they’re sent and the typos (and omitted attachments) we don’t catch until it’s too late. . . .

Continue reading →

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Regret Hitting Send or Hitting It Too Quickly? Finally, A Way To “Undo Send” In Gmail.

05 Sunday Jul 2015

Posted by Celia C. Elwell, RP in Emails, Legal Technology

≈ Comments Off on Regret Hitting Send or Hitting It Too Quickly? Finally, A Way To “Undo Send” In Gmail.

Tags

cloudnine™, Doug Austin, eDiscoverydaily, Email, Gmail, Legal Technology

Think Before You Hit Send (Unless You’re On Gmail and are Really Fast): eDiscovery Trends. by Doug Austin, eDiscoverydaily, powered by cloudnine™

http://tinyurl.com/q8hmrvu

Let’s face it, people make mistakes. However, a new feature from Google may help people who make those mistakes avoid the consequences – if they’re quick to address them.

As covered on Fortune.com (Gmail now officially lets you ‘Undo Send’ those really embarrassing e-mails, by Kia Kokalitcheva), Gmail, Google’s e-mail service, has officially added its ‘Undo Send’ feature to the Web-based version of the service. . . .

Continue reading →

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“Read Receipt” Email Message Is Not Hearsay.

17 Friday Apr 2015

Posted by Celia C. Elwell, RP in Admissibility, Authentication, Evidence, Federal Rules of Evidence, Hearsay, Litigation, Summary judgment

≈ Comments Off on “Read Receipt” Email Message Is Not Hearsay.

Tags

Doug Austin, eDiscoveryDaily Blog, Email, Evidence, Federal Rules of Civil Procedure, Hearsay, Motion for Summary Judgment, Read Receipt

Court Rules that Automatically Generated Read Receipt is Not Hearsay: eDiscovery Case Law, by Doug Austin, eDiscoverydaily

http://tinyurl.com/ozbratn

In Fox v. Leland Volunteer Fire/Rescue Department Inc., 7:12-CV-354-FL. (E.D.N.C. Mar. 10, 2015), North Carolina District Judge Louise W. Flanagan ruled that a Read Receipt automatically sent from the defendant’s email address to the plaintiff (when the defendant opened an email sent by the plaintiff) was not hearsay.

Case Background

In this wrongful termination case, the court was considering the defendants’ motion for summary judgment, as well as the defendants’ motion to strike certain exhibits attached to plaintiff’s brief in opposition to summary judgment for failure to comply with Federal Rule of Civil Procedure 56(c) & (e). One of the items that the defendants sought to exclude was a read receipt sent from defendant Grimes email address to plaintiff, triggered when an email plaintiff sent defendant Grimes was opened, arguing that the Read Receipt was ‘unauthenticated hearsay’.

Judge’s Opinion

Judge Flanagan made a swift ruling on this issue when she stated ‘Defendants’ argument fails. The Read Receipt is not hearsay.’ . . .

Continue reading →

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Is Email Between You And Your Client Safe? No, And This Is Why.

01 Monday Dec 2014

Posted by Celia C. Elwell, RP in Android Phones, Apple, Blackberry Phones, Clouds, Confidentiality, Emails, Encryption, iPad, iPhones, Legal Ethics, Legal Technology, Malpractice, PC Computers, Technology

≈ Comments Off on Is Email Between You And Your Client Safe? No, And This Is Why.

Tags

ABA Legal Ethics Opinion, Allen Mihecoby, Email, Encryption, Gmail, Hacking, Internet, Lawyerist Blog, Lisa Needham

How to Encrypt Attorney-Client Communications, by Lisa Needham, Lawyerist Blog (with hat tip to Allen Mihecoby, CLAS, RP!)

http://tinyurl.com/kfrpqz3

If you have decided you need to get serious about client data protection, you will need to consider encrypting both your data and your communications. We have previously covered how to encrypt your data and will focus here on how to encrypt your email communication.

What Is Encryption?

Simply by using the Internet, you are probably using some sort of encryption scheme during some activities, whether you know it or not.

Encryption is simply the act of turning your data into unreadable gibberish. If your data is intercepted or hacked, the thief now has nothing but a pile of garbage.

End-to-end encryption is a must for transferring sensitive data across the internet. In end-to-end encryption, your data is encrypted while it travels towards your intended location and the same encryption occurs on the reverse trip. Your bank (hopefully) uses end-to-end encryption. Your practice management software (hopefully) uses end-to-end encryption if it stores and syncs data remotely. This sort of encryption is done for you without any effort on your part, as it is just a standard feature of the infrastructure you are using to bank or update client data or similar activities.

Why Do You Need to Care?

A few years ago, the ABA issued a formal ethics opinion stating that if there is a significant risk that a third party might gain access to the email, attorneys have to warn clients about that risk.

This poses a problem, because unlike your bank and practice management software, email is usually unencrypted. This is true whether you are using a desktop client or a web-based email like GMail. . . .

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Wait! Don’t Click On That Link!

16 Tuesday Sep 2014

Posted by Celia C. Elwell, RP in Computer Virus, Cybersecurity, Emails, Legal Technology, Malware, Trojans

≈ Comments Off on Wait! Don’t Click On That Link!

Tags

Email, Ian Paul, Mail Merge, Malware, PC World, Spam

Three Warning Signs That Email Is Malicious, by Ian Paul, PC World

http://tinyurl.com/lsjgxv7

Email spam filtering is far better than it used to be. There was a time when nearly every scam email would land in your inbox. Thankfully that’s not the case anymore—especially if you’re a Gmail user.

But no system is perfect. Every now and then a scam message will manage to slip into your inbox. But how do you know when you’re looking at a scam or not?

Here are three basic tip-offs you can look for to figure out whether you’re looking at an email with dishonest intentions. They’re hardly an exhaustive list, but more often than not one of these tips will save you from getting suckered. . . .

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Government Can Access Individual’s Gmail Account In Money Laundering Probe.

27 Sunday Jul 2014

Posted by Celia C. Elwell, RP in Android Phones, Appellate Law, Apple, Blackberry Phones, Cell Phones, Computer Forensics, Crime Scene Investigation, Criminal Law, Cybersecurity, Discovery, E-Discovery, Emails, Evidence, Experts, Forensic Evidence, Forensic Evidence, Forensic Expert Witness, Fourth Amendment - Search & Seizure, Google, Internet, iPad, iPhones, Legal Technology, Mac, PC Computers, Privacy, Search Warrants, Tablets, Trial Tips and Techniques, U.S. District Court for the District of Columbia, U.S. District Court for the Southern District of New York

≈ Comments Off on Government Can Access Individual’s Gmail Account In Money Laundering Probe.

Tags

Computers, Email, Evidence, Forensic Experts, Gmail, Google, Hard Drives, Magistrate Judge Gabriel W. Gorenstein, Money Laundering, Search & Seizure, Warrants

Federal Judge Rules Gmail Account Can Be Accessed For Investigation, by evanino in Evanino Blog

http://www.evanino.com/federal-judge-rules-gmail-account-can-accessed-investigation/

In a landmark ruling that might fuel a nationwide debate, the New York Court issued a warrant against Google, giving access to user emails.

A New York Court issued a warrant against Google Inc ruling that the government can access all mails of a Gmail account of an individual under a money laundering probe. The judge said that courts have long been waiting for law enforcement to take the required documents in the custody if it is within the purview of the warrant.

Contrary to previous rulings

This decision is not in line with the previous court rulings including courts in the Districts of Columbia and Kansas, Magistrate Judge Gabriel W. Gorenstein of the U.S. District Court for the Southern District of New York noted on Friday. Also, this latest ruling will spark a debate over the privacy, in the country, according to Computer World.

A District of Columbia judge denied from revealing the entire content of the email as this will seize a large amount of emails for which the authorities have not given any reason.

The Court in Kansas, also, did not rule in favor of a similar warrant, stating that it failed to ‘limit the universe of electronic communications and information to be turned over to the government to the specific crimes being investigated.’

However, the New York Court ruled in favor of such warrant, allowing authorities to take into account the emails and other information from a Google inc’s Gmail account, including the address book and draft mails, and also the authority to search the emails for certain specific categories of evidence.

Experts must scan emails, not Google employee

Judge Gorenstein argued that it is not possible to search the hard-disk drives of computers and other storage devices on the spot due to the complexities of electronic searches. Thus, the authorities can seize such storage.

‘We perceive no constitutionally significant difference between the searches of hard drives just discussed and searches of email accounts,’ the judge wrote. He added that in most of the cases data in an email account will be less ‘expansive’ compared to the information contained in the hard drive.

Judge Gorenstein stated that Google employees are not expert enough to know the importance of particular emails without having been given proper training in the substance of the investigation. Judge said this in response to an opinion by the District of Columbia court that gave the government the option of getting the email scanned by the host itself.

He said that an agent, who is completely absorbed in the investigation, will be able to understand the importance of a particular language in emails contrary to the employee.

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When You Share Files, Are They Secure?

31 Saturday May 2014

Posted by Celia C. Elwell, RP in Clouds, Confidentiality, Cybersecurity, Dropbox, Emails, Encryption, Legal Ethics, Legal Technology, Technology

≈ 2 Comments

Tags

Attorney-Client Privilege, Computer Security, Confidentiality, Dropbox, Email, File Sharing, Legal Ethics, Robert Ambrogi's Law Sites

File Sharing by Lawyers Largely Insecure, Survey Suggests, by Robert Ambrogi, Robert Ambrogi’s Law Sites

http://tinyurl.com/pr3apcc

If I were to leave a document on a table entitled, ‘My Deepest, Darkest Secrets,’ under which I wrote, ‘Please do not read this unless you are someone I intended to read this,’ how securely would you think I’d protected myself?

That, effectively, is all the majority of lawyers do to protect confidential documents they share with clients and colleagues, according to a LexisNexis survey published this week. . . .

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Craig Ball Shows Why ESI Form Should Follow Function.

16 Thursday Jan 2014

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Emails, Legal Technology, Microsoft Office, Outlook

≈ Comments Off on Craig Ball Shows Why ESI Form Should Follow Function.

Tags

.pdf, Ball In Your Court Blog, Craig Ball, DAT, DBX, Email, EML, ESI, Family Relationships, Fielded Data, Message IDs, MHTML, MSG, NSF, OST, Outlook, PST, RTF, TIFF, TXT, UTC Offset Data

Forms that Function, by Craig Ball, Ball In Your Court

http://tinyurl.com/kgokpmd

The criterion, “Will the form produced function in an e-mail client?” enables parties to explore a broad range of functional native and near-native forms, not just PSTs.  It an objective “acid test” to determine if e-mail will be produced in a reasonably usable form; that is, a form not too far degraded from the way the data is used by the parties and witnesses in the ordinary course.

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Authenticating Electronic Evidence Not Always As Straightforward As It Seems.

11 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Admissibility, Emails, Evidence, Legal Technology, Texas Supreme Court, Trial Tips and Techniques

≈ Comments Off on Authenticating Electronic Evidence Not Always As Straightforward As It Seems.

Tags

Colin Miller, Electronic Evidence, Email, Evidence, EvidProf Blog, Texas Court of Appeals

You’ve Got Mail: Court of Appeals of Texas Finds Alleged E-Mail From Victim’s Mother Improperly Authenticated, by Colin Miller, EvidenceProf Blog

http://tinyurl.com/q8avp97

There are many ways to authenticate electronic evidence. But this, says the Texas Court of Appeals, is not one of them. -CCE

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Craig Ball Answers His Mail.

06 Friday Dec 2013

Posted by Celia C. Elwell, RP in E-Discovery, Emails, Evidence, Forensic Evidence, Legal Technology, Metadata, Trial Tips and Techniques

≈ Comments Off on Craig Ball Answers His Mail.

Tags

Ball in Your Court, Craig Ball, E-Discovery, Email, ESI, Evidence, Metadata, Native Format

Good Questions!, by Craig Ball, Ball in Your Court Blog

http://ballinyourcourt.wordpress.com/2013/12/06/good-questions/

As always, Craig Ball delivers. Great answers to e-discovery terminology and best practices. -CCE

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Book Review: Tips for Getting the Most Out of Email.

14 Thursday Nov 2013

Posted by Celia C. Elwell, RP in Android Phones, Cell Phones, Emails, Google, iPad, iPhones, Law Office Management, Legal Technology, Mac, Microsoft Office

≈ Comments Off on Book Review: Tips for Getting the Most Out of Email.

Tags

David Sparks, Email, Gmail, iPhone J.D., Jeff Richardson, Mac

Review: Email by David Sparks — information and tips for getting the most out of email, by Jeff Richardson, iPhone, J.D.

http://bit.ly/17uIs0x

An except from the original post: 

The book includes general tips for working with emails, great strategies for reading, replying to and storing emails, an informative chapter on how email works and tips on fighting spam and email security. No matter what device you use for your email, all of that content is useful.

Sparks then goes deep into the Apple Mail app for the Mac, and this book will be most useful for folks who use a Mac and the built-in mail app. He also reviews many of the best programs for the Mac and apps for the iPhone/iPad that you can use to work with email, and devotes a chapter to Gmail.

 

 

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Your Privacy, Email, and Gmail – Did You Know That . . . ?

22 Tuesday Oct 2013

Posted by Celia C. Elwell, RP in Emails, Google, Legal Technology

≈ Comments Off on Your Privacy, Email, and Gmail – Did You Know That . . . ?

Tags

Email, Google, Legal Technology, Privacy, SendInc

What you need to know about privacy, email, and particularly Gmail, by Lincoln Spector, PCWorld (with hat tip to Shawn J. Roberts!)
http://bit.ly/19nO4fO

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A Better Way to Electronically Save Emails

17 Thursday Oct 2013

Posted by Celia C. Elwell, RP in Adobe Acrobat

≈ Comments Off on A Better Way to Electronically Save Emails

Tags

Adobe Acrobat, Email, Jim Calloway, Legal Technology

Saving Emails as PDF Files, by Jim Calloway’s Law Practice Tips Blog
http://bit.ly/11BnzOR

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