Crafting Confidential Email Disclaimers: Examples, Templates & Best Practices
Legal communication is the cornerstone of a transparent client-firm relationship. Any breach of client-firm communication can result in legal and financial repercussions, loss of client privilege, compromised cases, and even regulatory penalties.
With 92% of law firms and solo lawyers preferring email communication with clients, safely regulating the information transmitted in emails with a confidential email disclaimer is an essential security practice. This simple addition helps protect law firms from the costly legal and financial implications of data breaches.
Learn why law firms use confidential email disclaimers, what they should include, and explore examples and templates to help you create your own below.
Why Do Law Firms Use Confidential Email Disclaimers?
Cyberattacks are increasingly common for law firms and often stem from non-secure email practices. Hackers target law firms because they manage large volumes of sensitive data and client documents, often without the same level of cybersecurity infrastructure as larger enterprises.
In the U.S. alone, 20% of firms faced cyberattacks in the past year, with each data breach averaging costs around $4.45 million.
Law firms need to take strict measures to address the increasing risk of data breaches and cyberattacks. Adding confidentiality disclaimers to all legal email communications decreases fraud cases, safeguards important client and firm data, and reduces legal liability.
Protecting Sensitive Client Information
Law firms use confidential email notices to ensure recipients handle messages appropriately. By marking messages as confidential, firms reduce the likelihood of unauthorized distribution and data leaks.
These notices direct recipients not to share email content without permission and encourage careful handling of all client-related details.
Preventing Unintentional Disclosure of Confidential Data
A confidential statement for email helps prevent accidental security breaches by clearly instructing unintended recipients to maintain privacy.
These disclaimers also provide a safety net in cases where information is mistakenly shared with the wrong recipient and underscores a firm’s commitment to confidentiality.
Other Legal and Practical Benefits
Law firms also meet federal and state compliance standards by incorporating confidential email disclaimers into their communication policies.
In addition to basic security practices like creating effective passwords and sharing files securely, these disclaimers reinforce a firm’s security posture and may limit liability in the event of an information leak and help protect the firm from costly litigation and reputational damage.
Types of Confidential Information in Legal Communications
Law firms and clients must know which information is classified as confidential to avoid its unauthorized access or use. When both parties have clarity on what’s confidential and what isn’t, firms can reduce the risk of a data breach stemming from poor legal communication practices.
Emails sharing the following types of information demand a confidentiality statement.
Attorney-Client Privileged Information
Any communication between an attorney and their client remains confidential and protected from disclosure. For example, a client’s confession to the attorney cannot be shared with any third party.
Client Financial and Personal Details
Client financial and personal details include sensitive information:
- Social security number
- Home or work address
- Bank or income details
- Tax returns and documents
Protecting this data is important to prevent theft or financial fraud, but it’s also a key step in building trust-based relationships with clients. Firms should also learn how to recognize and protect themselves from phishing, spear phishing, whaling attempts to keep client data safe.
Ongoing Litigation Strategies and Case Details
Case discussions, documents, and legal strategies shared through email are always confidential.
Legal documents like motions and briefs, litigation strategies like negotiations and defense techniques, and witness testimonies are confidential legal communications and must be treated as such with a clear confidentiality disclaimer.
Internal Firm Information
Any operational details regarding the law firm, such as financial records, client lists, and personal information of clients and employees, are considered confidential information.
A confidential statement for email should always be included in internal communications between firm colleagues and staff to add a layer of protection to this information. This step should be part of a broader database security policy that also includes two-factor authentication, data encryption, and ongoing security training for employees.
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Key Elements of an Effective Confidential Email Disclaimer
An effective, confidential email disclaimer protects sensitive information by incorporating all five key elements listed below.
Identification of Confidential Information
An effective disclaimer should clearly classify any confidential information as personal, financial, or legal to protect law firms from unintentional disclosures.
Liability Mitigation
Include limitations of liability in the confidentiality disclaimer to minimize legal risks in the event of a breach of confidentiality. The limitations should specify the extent to which a law firm can be held responsible for the unauthorized disclosure or use of sensitive information.
Instructions for Unintended Recipients
An effective disclaimer should instruct any unintended email recipients to immediately notify the sender, delete the email, and refrain from sharing confidential information.
Prohibition of Unauthorized Use and Dissemination
Adding strict prohibitions to access, use, or disseminate information within a confidential statement for email makes the email privacy statement more efficient. With clear guidelines on who can legally access, share, or view the information inside, firms reduce the risk of unauthorized use.
Regular Updates
Effective disclaimers must be reviewed and updated periodically to accurately reflect any changes in state laws and organizational policies.
Best Practices for Writing a Confidential Email Disclaimer
The importance of a confidential statement for email is clear, but knowing how to write one effectively is just as important. Following best practices ensures your confidential email communications are compliant, professional, and truly protective of sensitive client information.
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Place the Disclaimer at the Beginning of the Email
Placing the disclaimer at the start of the email helps recipients see the disclaimer immediately. This positioning helps them understand confidentiality expectations before reading or replying and reduces the risk of accidental disclosure or misuse.
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Use Concise and Unambiguous Language
The best confidential email disclaimer is clear, direct, and does not include unnecessary legal jargon. Keep the message simple and easy to understand so recipients—even unintended—can instantly recognize what information is sensitive and how it should be handled.
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Tailor The Disclaimer to Your Firm’s Specific Needs
A confidential statement for email should reflect the firm’s unique practices, security policies, and compliance obligations. Depending on the jurisdiction, it should include any applicable laws, such as GDPR in Europe or CCPA in California, to ensure complete alignment with data-privacy requirements.
Examples and Templates for Confidential Email Disclaimers
Following the best practices outlined above, here are several ready-to-use confidentiality notice email examples and templates that can be adapted for any law firm. These samples are designed to save time while ensuring every confidential email meets professional and legal standards.
Sample Disclaimers for Law Firms
Law firms can easily incorporate any of the following privileged and confidential email disclaimer examples into their client communications. Each template reinforces confidentiality expectations and helps protect sensitive client data from unauthorized use or disclosure.
Sample 1
“This email contains confidential material and is intended solely for the named recipient. If you have received it by mistake, please notify the sender and delete this email from your system. Any unauthorized use or dissemination of this confidential material, either in full or in part, is strictly prohibited.”
Sample 2
“This message, including any attachments, is confidential and may be legally privileged. It is intended solely for the addressee. If you are not the intended addressee, please notify the sender and delete this message from your system. Unauthorized access, use, or dissemination is strictly forbidden.”
Customizable Disclaimer Templates for Various Scenarios
The contents of email confidentiality disclaimers vary depending on the purpose. In addition to the examples shared above, choose the following disclaimer templates in more specified scenarios.
Virus Transmission Disclaimer Template
“[Firm Name] prioritizes the security of our clients. Despite our best efforts, the data or external links in this email can be infected or corrupted. The email recipient should exercise caution as the sender is not liable for any damage caused by the contents of this email.”
Financial Information Disclaimer Template
“This email contains confidential financial information solely intended for the addressee. If you are not the intended addressee, please notify the sender immediately and delete this email. Any unauthorized access, use, or distribution of the email contents is strictly prohibited.”
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Take Data Protection Past the Inbox with TimeSolv
True data protection goes beyond a confidential email disclaimer. It extends to every document, billing record, and client interaction your firm manages.
Start by downloading Your Guide to Compliant Legal Document Sharing. You’ll learn how to securely share sensitive information, maintain compliance, and protect client confidentiality without disrupting productivity.
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