You are sending an email about a case to opposing counsel and want to provide a copy to your client. Should you just “cc” or “bcc” your client on the email or would it be better to separately forward a copy of the email to your client? Or you receive an email from an opposing lawyer that includes a “cc” to the opposing lawyer’s client. Does this mean your reply can go to both the opposing lawyer and their client?

These are issues raised by the ease and convenience of emails. When sending a letter to an opposing counsel by mail, there is not the same concern that your client may accidently copy their response to opposing counsel as well because that would call for an additional copy of the letter, an additional envelope, and an additional stamp. However, with email, hitting “reply all” instead of “reply” is all too easy to do, as many of us have had the misfortune of learning. In the legal context, it can cause more than embarrassment. It risks exposure of confidential information and potential violations of the no contact rule.

Confidentiality Concerns