If someone (such as a girlfriend) got into a lawyers email account , could this be a problem for him legally?

Answer 1

I would think so!! But, It could be a Bigger problem for HER if he can prove she did it!

Answer 2

It could be a problem ethically for the attorney, but not legally. That means the state bar could take action against the attorney. The worst thing the state bar can do is permanently disbar you from the practice of law.

However, the issue of what the attorney did would be important. Did he give the password to his girlfriend or did she hack in to his account? Is his girlfriend working for him as his secretary? I also know many attorneys put disclaimers in their outgoing e-mails saying that nothing in the e-mail should be considered private.

Here is ONE of the comments to the Oklahoma Rules of Professional Conduct concerning Confidentiality of Information:

When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions to prevent the information from coming into the hands of unintended recipients. This duty, however, does not require that the lawyer use special security measures if the method of communication affords a reasonable expectation of privacy. Special circumstances, however, may warrant special precautions. Factors to be considered in determining the reasonableness of the lawyer’s expectation of confidentiality include the sensitivity of the information and the extent to which privacy of the communication is protected by law or by a confidentiality agreement. A client may require the lawyer to implement special security measures not required by this Rule or may give informed consent to the use of a means of communication that would otherwise be prohibited by this Rule.

Answer 3

Depends...

Depends on what sort of information was in the account... she would be assumed to have read everything.

Lawyers often have access to confidental information, and depending on what information was in the e-mail account it could have very serious consequence.

However I think the most immediate consequence will be that the lawyer will be in the market for a new girlfriend by the end of the week.

Answer 4

Since the communication between an attorney and the client is priviliged I would say yes. Why on earth would an attorney E-MAIL sensitive information to a client? You had better hope none of the information she saw gets out and some how loses your client their case!

Answer 5

sounds like a Big Yes to me.....