I had one client complain to me that I would never include her other consultants on an eMail. I had another client who was angry that I didn’t copy him on every communication that I sent on his behalf. (I did send him a daily synopsis and attached all communications- but those missives were delayed and separate from my original eMails to various other folks.)
Now, the New York State Bar has joined in the discussion, of a sort. They have just issued an ethics opinion (yes, ethics, not practice). It states that it is not illegal to include your client on eMail sent to other parties in your case- whether as a cc (carbon copy) or bcc (blind carbon copy). Nor, does that practice violate ethical standards.
But, you shouldn’t, even though it is a mighty convenient way to keep your client in the loop.
They worry that an eMail storm– unnecessary, unneeded, and undesired eMails- may ensue if you do. But, more importantly, if your client hits reply all, then the client may be disclosing confidential information to everyone else on the list. And, that’s a big no-no. And, those disclosures will be considered to be the fault of the professional [even though s/he never sent the offending eMail(s)].
The NY State Bar Ethics opinion recommends solving this by just taking the extra step and forwarding an email to your client rather than copying them, blind or otherwise. That is an excellent idea, not only because it means you avoid the “reply all” possibility. Forwarding allows you to provide your client with a couple sentences of context or explanation about that communication with opposing counsel.
So there you have it—(at least) two good reasons to make a point of forwarding emails instead of copying your client.
Which means I will continue to follow our practice outlined above. Because we can never tell who (our client or anyone else on that piece of eMail) might hit reply all. Or if another consultant (who is not our consultant, but may be one of the client’s) might forward an eMail.
Moreover, our practice means that everyone’s eMail address remains confidential.
You can- but you shouldn’t! https://t.co/EjCsaSjM6S via @RAAckerman Don’t email blindly ☺
Sharing. I remember the days when people would share emailed jokes. You would end up with hundreds of email addresses in all the attached emails if someone “replied all” and then added other people to the email. People still need to be reminded about how easy it is to accidentally reveal email addresses of many others by a simple, accidental “reply all”. You would hope that by now, email programs, if someone hit “reply all” would prompt you by saying “are you sure?” (the way some do if you say you attached something, but there is no attachment).
Great addition, Alana….
And, that’s also how we get spammed (or attacked). Someone harvests all those addresses….