The UK's Law Society last week published new guidelines on e-mail use for solicitors.
Under the terms of the new rules, which are intended for adaptation by individual firms, it is suggested that staff e-mails should be reviewed in order to ensure the accuracy of advice given to clients. However, when personal e-mail is also being monitored as a result of this, freely given staff consent should first be obtained.
The Law Society also advised that solicitors who advertise or provide services over the internet should inform clients that they are regulated by the Law Society, and should provide a link to the regulator's website.
The guidelines additionally suggested that privileged documents sent by e-mail should contain an attachment announcing them as such, in order to alert those who mistakenly receive such documents.
With regard to the retention of e-mails, the Law Society announced that e-mails which are subject to a statutory retention period should be printed and stored, and advised that under the 1998 Data Protection Act, individuals may have the right to access deleted e-mails containing personal information about them.
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