Lawyers have to be able to have full and unreserved communication with their clients. And their clients must be able to feel completely secure that anything they disclose to their lawyer, or discuss with them, will be held in strict confidence.
• Criminal lawyers communicating with violent offenders about illegal conduct
• Divorce lawyers emailing clients about intimate details of sexual habits to build their case against the other parent
• Tax lawyers exchanging documents that Canada Revenue Agency could use to allege tax evasion
• Immigration lawyers seeking proof of their clients’ persecution in a foreign country
• Corporate lawyers discussing the takeover of a company in a country of interest to CSIS, Global Affairs Canada, or the Department of National Defence
• Intellectual property lawyers submitting the details of their client’s latest invention that the competition would be happy to claim as their own
But how can lawyers or paralegals meet their professional obligation to maintain client confidentiality — or comply with privacy laws — when every encrypted communication, document, and draft shared with clients, courts, and external experts is automatically examined by platforms to determine if it contains unlawful content?
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