Navigating the Perils of Internal Communications: Insights from Kaiser Attorneys Bill Zapf and Stephen Gilson at APRL Mid-Year Meeting
At the Association of Professional Responsibility Lawyers (APRL) Mid-Year Meeting in Phoenix, Arizona, on January 31st, Kaiser attorneys Bill Zapf and Stephen Gilson joined a distinguished panel to discuss the risks of internal law firm communications in a session titled From Inbox to Infamy: When Internal Communications Come Back to Bite Ya! The Mid-Year Meeting convenes top legal ethics attorneys, judges, and academics to tackle pressing issues shaping the legal profession. The discussion highlighted how careless emails, Slack messages, and texts can lead to reputational damage, lawsuits, and even criminal liability, using infamous case studies to drive home the risks.
Audience participation was lively as panelists reviewed major incidents, including emails discussing overbilling at one firm that eventually made their way to the client during litigation and accounting fraud at Dewey LeBoeuf. A key takeaway was the need for law firms to train lawyers and staff on best email practices with potential discovery in later litigation in mind. In reflecting on the panel discussion Bill Zapf cautioned, “The best email is often the one you never send. If you wouldn’t want it read in open court, think twice before hitting send.” Another crucial point was conveying to new attorneys that attorney-client privilege will not always apply, with the most obvious example being malpractice claims against the firm. In summarizing some of the main points of discussion, Stephen Gilson noted: “Internal emails should always be treated as external emails—because in litigation, they often are.”
Ultimately, the panel reinforced that even casual internal chats can have serious consequences, making proactive training and clear firm-wide policies essential. As law firms navigate an increasingly digital world, a culture of thoughtful communication isn’t just advisable—it’s necessary to avoid making headlines for all the wrong reasons.