Client communication and privacy

One of the services I give to each client is access to their personal case file via MyCase. MyCase is an online “client management” system that allows me to give clients access to their documents, notify them of calendared events (and whether they must attend), and enable clients to upload important documents to me, as well. It’s great.

But there’s another important benefit of using MyCase or systems like it–it’s private. MyCase has a messaging function that allows you, the client, to send me private messages. These messages are therefore¬†protected by the attorney-client privilege. What does that mean? It means that without a court order, the opposing side can’t get access to your communications with me.

That’s simply not true about email or social media posts¬†or even text messages. A party can ask to “discover” all your emails and even though I can object to their discovery, the court then has to consider the scope of the emails and why they should be privileged. If your email is actually your employer’s email address, then you are in for more problems because you really don’t have a right to privacy as to those accounts.

So you really don’t want to mix your “legal” messages/emails with other communications that could be the subject of a discovery request. Instead, use MyCase to send important messages to me and I’ll reply in the same way. That way, your communications to me stay between us.


Gerardo Ivan Hannel PLLC

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