Foley Hoag Clarifies Email Communication Confidentiality

Boston, September 25, 2025

News Summary

Foley Hoag LLP has released an advisory stating that email communications do not establish attorney-client confidentiality without prior representation or an agreement. The firm emphasizes the importance of discussing confidentiality before sharing sensitive information. Additionally, they outline their use of cookies on their website for enhanced functionality, encouraging users to accept cookies for an improved experience.

Boston — Foley Hoag LLP has issued a client advisory clarifying the firm’s position on confidentiality for email communications and its website cookie policy, stressing that prospective clients should not assume confidential protections without an existing representation or prior agreement.

Key points

The advisory states that client-related communications through email do not create an attorney-client relationship or confidentiality obligations unless there is an existing representation or a prior agreement to receive confidential information. The firm warns that if prospective clients submit information via email without a prior agreement, that information may be disclosed or used against them. The advisory further notes that for confidentiality discussions before establishing an attorney-client relationship, the protections that will be offered should be discussed prior to the submission of sensitive information.

The firm also details its web practices: the firm employs cookies to enhance user experience, improve website functionality and performance, and analyze website traffic, and by clicking “accept” on the website, users consent to the use of cookies, with a link to the cookie policy provided for more information.

Foley Hoag provided contact guidance for potential clients, stating that potential clients interested in discussing representation are encouraged to contact Foley Hoag attorneys to arrange a meeting or telephone conference. The advisory lists specific contacts, including a partner and an associate, with direct telephone numbers and email addresses:

• Partner: +1.617.832.3086, [email protected]
• Associate: +1.212.812.0413, [email protected]
• The advisory adds that additional contacts from different dates, including various partners and associates, are also detailed.

The firm emphasized standard legal disclaimers, noting that prior results do not guarantee similar outcomes. The advisory includes a copyright notice for the firm that states all rights are reserved and is dated 2025.

Supporting details

The advisory is presented as a general notice to prospective and existing clients to clarify when confidentiality and lawyer-client protections apply. It outlines a practical process for those seeking legal representation: prospective clients should first contact a firm attorney to confirm whether confidential information can be accepted and to arrange a formal meeting or telephone conference when considering representation.

The cookie notice is described as part of routine website operations and analytics. It specifies that consent is obtained through a user action on the site by clicking “accept,” and that the site provides an associated cookie policy for further detail. The advisory frames these cookie practices as intended to improve site functionality, performance, and traffic analysis.

Why this matters

The advisory aims to reduce misunderstandings about when communications are protected by attorney-client privilege and when information transmitted to the firm might be treated as non-confidential. The guidance underscores that confidentiality is not automatic for unsolicited email communications and that explicit agreement or an existing representation is necessary to ensure that sensitive materials are protected.

How to proceed

Potential clients are advised to contact the firm before sending sensitive information. To initiate communication, the advisory lists direct contact points: the partner at +1.617.832.3086 ([email protected]), the associate at +1.212.812.0413 ([email protected]), and a notation that additional contacts from different dates, including various partners and associates, are also detailed. The firm’s notice also reminds readers that prior results do not guarantee similar outcomes.

Background

Foley Hoag LLP, based in Boston, provides legal services. The advisory appears consistent with common law firm practice to clarify the bounds of confidentiality and to inform website users of cookie practices. The statement that prior results do not guarantee similar outcomes is a standard legal disclaimer intended to manage expectations about case results. The advisory’s inclusion of a copyright notice dated 2025 and the statement that all rights are reserved indicates the firm’s intent to protect its website content.

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