Email Security & Confidentiality

How mail to and from this firm is protected, and how privileged correspondence is recognised automatically rather than left to chance.

Every email sent to or from this firm passes through a dedicated security gateway on its way in or out. The gateway automatically filters spam, blocks harmful attachments, checks that messages genuinely come from the senders they claim to be from, and encrypts messages in transit wherever the system at the other end supports it. It also does something ordinary email services do not: it recognises correspondence that is likely to be legally privileged or confidential, and marks it as such, so that careful handling happens as a matter of course rather than by chance. The rest of this page explains those protections in plain English.

How this compares with a standard email setup

Most small businesses — and many professional firms — use the protections that come bundled with their email provider. Those protections usually include some spam screening and some scanning for known viruses, but they are the provider’s defaults, set for ordinary correspondence rather than for legal communications. Suspicious mail typically ends up in a junk folder, and is often deleted automatically after a time, with no real way for the intended recipient to discover that something important was swept up with it. Sender identity is generally not checked in a structured way, and encryption between mail systems happens when the two systems happen to support it — not usually as a deliberate arrangement.

For most kinds of business those defaults are adequate, and pointing them out is not a criticism of them. But correspondence with a law firm is different in kind as well as degree. It carries confidential client information, legal advice, settlement positions and financial instructions. A message that is wrongly delivered, or disguised to look like something it is not, or handled without regard to its legal character, can harm interests that a misplaced newsletter could not.

Two things distinguish the arrangements described below. First, mail to and from this firm passes through a dedicated gateway — a protection layer applied deliberately, to every message, rather than inherited from a provider. Second, the gateway considers what kind of message it is handling, including whether the message is privileged or confidential. No standard email service does that.

The protections applied to every message

None of this requires anything of you. There is nothing to install, nothing to configure, and no need to change the way you write. The work is done automatically by software, on every message in both directions, and nobody reads your correspondence as part of it.

Spam: filtered out, but never silently lost

Spam is assessed by an automated scoring process that draws on several signals at once. If the server sending a message has a history of dispatching unsolicited mail — checked against reputation blocklists, which are effectively directories of problem servers — that counts heavily against it. When a sender is new to the gateway, the gateway also asks the sending server to try again in a moment. This simple delay, sometimes called greylisting, is remarkably effective: legitimate mail servers automatically retry a few seconds later, while the software used to flood the internet with junk does not wait, and so never completes delivery. The content and structure of the message are then weighed against the patterns of bulk, unsolicited mail.

What happens to a suspicious message matters as much as catching it. It is quarantined rather than deleted, and the intended recipient receives a digest — a short listing of what is being held. If a legitimate message has ever been caught up by mistake, the digest is how it is spotted and recovered. The design intent is to preserve mail, not to destroy it silently.

Malicious attachments: stopped before they reach an inbox

Every message, and every attachment, is scanned for viruses and other malicious software before it is delivered. Most harmful software enters organisations through attachments, so an attachment intercepted at the gateway is an attachment that can never be opened by accident and never reaches a desktop. The scan is automatic and applies to every message without exception. As with any security measure, no single layer is infallible; protection is built from several layers, and this is the first of them.

Senders: verified before they are trusted

A large share of harmful email pretends to be someone else. The visible “from” address is easy to imitate, and a convincing forgery can look identical to a genuine message from a bank, a government body, or a lawyer. The internet’s standard answer is sender authentication: organisations publish small technical records saying which servers are authorised to send mail on their behalf, and sign the mail they send. When a message arrives, the gateway checks those records and signatures against the address the message claims to come from. A message that fails the check is not accepted at face value — it is identified as suspect. These techniques are standard across the industry; what matters is that here they are actually applied, on every message, rather than merely available.

Encryption: protected while in transit, where the technology allows

Email travels from mail server to mail server across the internet, and an unencrypted message on that journey is like a postcard — readable, in principle, at any point along the way. Encryption in transit scrambles the message while it is moving, so that anything intercepted during the journey is unreadable. The gateway negotiates an encrypted connection automatically, in much the same way that a website uses a secure connection for banking, whenever the system at the far end supports it — and each time, it checks whether it does. Most providers support the standard. Where the far end does not, the firm cannot force protection on that leg of the journey, and the message travels as ordinary email does.

Encryption in transit protects the journey, not the entire life of a message: once email is sitting in a mailbox it is stored in the ordinary way. It is one safeguard in a wider chain. If a particular communication warrants stronger protection than email can provide, say so, and the firm will help find a more secure way to send it.

Legal professional privilege, recognised rather than left to chance

What “privilege” means

Legal professional privilege — also called client legal privilege — is the legal protection that keeps confidential communications between a client and their lawyer, made for the purpose of obtaining or giving legal advice or in connection with court proceedings, from being disclosed to others, in most circumstances, without the client’s authority.

Privilege exists so that a client can be candid with a lawyer — the awkward and uncomfortable facts included — without fear that the conversation will be used against them later. Protecting it is fundamental to a lawyer’s role, and that obligation begins with knowing, at every moment, which correspondence carries it.

Why recognition should not depend on someone remembering

In an ordinary email system, privileged correspondence arrives in the same inbox as everything else. Whether it is treated as privileged depends on a person noticing it and remembering to mark it — each time, with no support from the system. Busy professional offices are not well served by arrangements that depend on attention always being at its best. A note from a barrister sits beside routine mail; if the distinction is missed at the wrong moment, privileged material can be forwarded accidentally, sent to the wrong recipient, or handled no differently from ordinary correspondence — and the protection that should have surrounded it is compromised. Failures of this kind are rare, but their consequences are out of all proportion to their frequency.

How the system handles it

The system is designed so that this does not depend on memory. As each message passes through the gateway, the relationship between sender and recipient is recognised automatically and the message is tagged accordingly. Correspondence with a barrister briefed in a matter, with lawyers acting for another party, with a client about their matter, or with a government body — each of these relationships carries expectations of confidentiality, and some of them carry legal professional privilege. Each message is marked according to the kind of relationship involved, so that the distinction is made as a routine step rather than as an act of individual diligence.

The classification stays with the message within the firm’s systems as it is filed, retrieved, forwarded or otherwise dealt with. The special character of privileged material therefore does not need to be noticed afresh each time the message moves: it is attached, by design, before anyone needs to think about it. That is what reduces the risk of accidental disclosure, and what ensures privileged correspondence is not handled as though it were any other routine message.

A safeguard, not a guarantee

It should be stated plainly that this is a classification safeguard that supports careful handling; it is not a promise that human error has been made impossible. Automatic classification reads relationships, which are a reliable but imperfect guide to the legal character of a communication. A label does not create privilege — privilege arises from the nature and purpose of the communication itself — and no system can replace the judgement of the lawyers responsible for a matter. What the system does is make it substantially more likely that privilege, where it exists, is noticed, remembered and respected in the handling of the correspondence. For anything particularly sensitive, the surest course remains what it has always been: speak to the firm about the best way to send it.

So that correspondence is handled with the care it requires

Everything described on this page is ordinary protective infrastructure. It does not change how you write to the firm, which email address you use, or how you deal with the firm day to day. What it changes is what happens to a message between the moment it is sent and the moment it is dealt with.

This infrastructure exists so that correspondence with this firm is handled with the care it requires — nothing more, and nothing less. If you have questions about it, or about how to send something that asks more of the post than email can reliably give, please ask. The systems exist to make care routine, and the people who correspond with the firm are welcome to know how that care works.