Multilingual E-Discovery and Ethics: Confidentiality

Multilingual e-Discovery generates an on-going need for professional legal translation services. According to Model Rule 1.6: “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted otherwise.””>translation services. According to Model Rule 1.6: “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted otherwise.”

In the digital world, this means that great care is needed when sending email, especially with Reply To, Reply To All, automatic filling in of email addresses and faxes. According to the rules of evidence, electronic information is protected by the attorney-client privilege and as attorney work product. However, because of the sheer volume of electronic discovery and the short window of time to produce it, often times attorney inadvertently produce privileged information. However, even when such information is produced, the privilege still applies and the receiving attorney has the duty to take appropriate actions to return it and preserve its confidentiality.

But what about when this information is in a foreign language – such as a foreign language email? In order to protect oneself, the producing attorney should secure a foreign language translation of all electronic evidence in order to evaluate its privileged nature.

Up Next: International E-Discovery Translation, Legal Translation Services and Ethics: The Why

All Language Alliance

by Legal Translator

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