Interesting case (2009 WL 4261214) came across my desk. Not related to Indiana Internet litigation, but interesting conundrum. The basic facts are that client wanted to send e-mail response to his attorneys. In adding the second attorney, he inadvertently sent it to a third party. Through several forwards, it ends up at his opposing counsel's desk. That counsel wants to use it in litigation. Ultimately, the Idaho District Court found that it was an inadvertent production and made the opposing counsel give it back. But, the case still highlights the problem.We use autofill in everyday life without ever thinking about it. But in litigation in general, the attorney-client privilege must be cherished and defended. As a technology counsel, I deal with clients that are more computer and e-mail savvy than some you may find. My clients live on e-mail. Frankly, I live on e-mail. And this creates the needs for an additional level of vigilance that is necessary.
So in the immortal words of Hill Street Blues (and who didn't love that show) "Be safe out there". And remember to double check your e-mail recipients.
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