Joseph Baio Speaks on Future of Lawyer Confidentiality

Litigation partner Joseph Baio interviewed in the June 12th issue of the Privacy Law Advisor on future trends in the attorney-client privilege. The article, “Is Lawyer Confidentiality Eroding? Client Communications in the Post 9-11 Electronic Era,” looks at the attorney-client privilege as an evolving concept with an uncertain future.

Litigation partner Joseph Baio was recently interviewed in the June 12th issue of the Privacy Law Advisor on future trends in the attorney-client privilege. The article, “Is Lawyer Confidentiality Eroding? Client Communications in the Post 9-11 Electronic Era,” looks at the attorney-client privilege as an evolving concept with an uncertain future. Mr. Baio, who lectures on business ethics and the attorney-client privilege at the Columbia University School of Business, explained that in the information age, use of a medium that’s prone to interception and is easily forwarded to a third party, increases the risk of waiving the attorney-client privilege exponentially. He also discusses ramifications of lawyers dispensing non-legal advice, which is not covered by the privilege. In the article, Mr. Baio points out how the erosion of the privilege is currently being reflected in case law. Joseph Baio is a partner in Willkie’s Litigation Department, specializing in general commercial litigation, securities law, class action litigation, SEC and other governmental and regulatory investigations, internal investigations, and bankruptcy litigation.