A proactive approach to legal privilege in the light of electronic communication

This article explores the proactive management of legal professional privilege (LPP) in the context of electronic communication, addressing the lack of clarity regarding how the shift to digital communication has affected this fundamental safeguard. Despite LPP being a cornerstone of democratic legal systems, serving both client interests and the administration of justice, the implications of overreliance on electronic communication on this privilege remain largely unexplored. Several questions arise about how this impacts the LPP itself, what challenges attorneys face in maintaining this privilege in digital environments and whether the current legal frameworks are adequate to address the complexities introduced by these technologies. These questions mark a wide gap in understanding, as cases involving the misuse of technology and inadvertent disclosures have started to emerge. The proactive legal approach in lawyering could prioritize risk management and litigation avoidance while simultaneously enhancing the protection of legal privilege in this context. This paper argues that maintaining LPP currently presents unprecedented challenges and aims to advocate for proactive consideration of specific issues, allowing practitioners to preserve the integrity of client confidentiality and fair representation.