Cecily Zamora
Gmail has become an increasingly popular email client for lawyers due to its range of features. One of the most attractive features for legal professionals is the new Confidential Mode, which allows users to send self-destructing emails or emails secured by an SMS code. This ensures that sensitive information remains confidential and can only be accessed by the intended recipient. In addition, Gmail's Tasks feature provides a simple to-do list app that integrates with the email platform, making it convenient for lawyers to manage their tasks and emails in one place. However, there are concerns about whether Google's scanning of emails and data harvesting practices violate attorney-client privilege, and risk-averse lawyers may want to reconsider their reliance on Gmail for this reason.
| Characteristics | Values |
|---|---|
| Security | Confidential Mode, self-destructing emails, multi-factor authentication |
| Convenience | Snooze emails, Nudging for important emails, To-Do list app |
| Data Privacy | Potential risk of attorney-client privilege due to Google's data harvesting and scanning of emails |
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What You'll Learn
Confidential Mode
Gmail's Confidential Mode is a security feature introduced by Google in 2018 for Workspace accounts. It is designed to protect sensitive information from unauthorized sharing and accidental sharing. Confidential Mode can be toggled on or off for all Workspace accounts or specific groups within an organization, but only by the Workspace Administrator.
When Confidential Mode is enabled, emails cannot be forwarded, downloaded, copied, or printed. This mode also allows the sender to password-protect their email so that only the intended recipient can access it. The recipient will have to enter a PIN or passcode sent to their phone number or email before they can open the email. Additionally, the sender can set an expiration date, after which the email will become inaccessible to the recipient.
While Confidential Mode provides an additional layer of security, it is important to note that it does not prevent all methods of sharing. For example, Google admits that it does not stop recipients from taking screenshots of a message or attachment or using a "malicious tool" to copy or download them. There are also ways for recipients to create editable, printable, and downloadable copies of messages and attachments by exploiting the functionality of certain browsers.
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Self-destructing emails
Google introduced “Confidential Mode” in Gmail in 2018, allowing users to set an expiration date for their messages or entirely void access to them. This mode is a game-changer for law firms as it enables lawyers to send self-destructing emails to protect sensitive information.
The self-destructing email feature is available on both the Gmail mobile app and the web interface. To create a self-destructing email in the browser-based Gmail, start by selecting “Compose” and writing your message as usual. When the compose window opens, select the lock and clock icon at the bottom of the window to enable confidential mode. Choose how long you want the message to last and whether it requires a passcode. You can set an expiration time of an hour, a day, or longer, after which the email will simply say that it has expired. Even if you forget to set a timer, you can revoke a previously sent email.
Additionally, Gmail's confidential mode allows for multi-factor authentication. The recipient will be texted a one-time-use code, similar to online banking, to unlock the email. This feature ensures that only the intended recipient can access the sensitive information.
It is important to note that while confidential mode prevents recipients from forwarding, copying, downloading, or printing the email, it does not prevent them from taking screenshots or photos of the message. Therefore, it is recommended to use confidential mode for its self-destruction properties rather than solely for confidentiality.
Furthermore, when sending a self-destructing email to a recipient using a different email provider, they will not receive the message directly in their inbox. Instead, they will find a link to the message, which they can access by opening the link and viewing the note from Google informing them that they have received a confidential message.
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Multi-factor authentication
Google's MFA implementation is also called 2-Step Verification or two-factor authentication. It is an optional feature that you can choose to enable for your Google Account. To set up 2-Step Verification, you can follow these steps:
- Open your Google Account and navigate to the Security tab.
- Under "How you sign in to Google," select "Turn on 2-Step Verification" and follow the on-screen instructions.
- Provide your mobile phone number if you wish to use your phone for 2-Step Verification.
- A PIN or a six-digit code will be sent to your phone via text message or a phone call. Enter this code to validate your device.
- Once your device is validated, you can turn on 2-Step Verification for your Google Account.
It is important to note that if you have a Google Workspace account, including Gmail, Google Sheets, and Google Slides, you are not required to enable MFA. However, for added security, you may choose to opt into 2-Step Verification. Additionally, Google offers alternative options such as Google Prompts, which provides an approval screen on your phone when you sign in to your Google Account on a new device.
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Snoozing and nudging emails
Gmail has introduced a range of new features that can be particularly useful for lawyers. One such feature is the ability to snooze and nudge emails.
Snoozing an email allows you to temporarily remove it from your inbox and schedule it to return to the top of your inbox at a later time of your choosing. This can be particularly useful when you receive an email that you cannot or do not want to deal with immediately. For example, you may want to get back to an email after consulting with a colleague or when you have more information. To snooze an email, you can launch Gmail on your web browser or the Gmail app on your Android or iOS device. Hover over the email on your computer or tap on the three-dot icon on your mobile device, and select "Snooze". You can then pick from the listed options or choose a custom date and time for the email to return to your inbox. You can also snooze multiple emails at once. It is important to note that when you turn off notifications, you will not receive reminders for snoozed emails.
Nudging is a similar feature that provides a reminder to respond to an email after a while if you haven't done so already, especially for emails that require a response. Google's artificial intelligence will remind you to reply to important messages, helping to ensure that you stay on top of your email correspondence. This feature can be especially beneficial for busy lawyers who may have a large volume of emails to manage.
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Google's data harvesting
Google has been criticised for its data harvesting practices, particularly regarding its Chrome browser and search engine. Google collects data from its billions of users, including their browsing history, physical location, and app usage. This data is used to power its advertising business, allowing Google to decide which advertisements its users see. Google claims that it collects this data to improve its services and make its users' experiences more personalised.
Google's data collection practices have been described as "intrusive", with the company facing lawsuits and criticism for its methods. For example, in 2020, the Australian Competition and Consumer Commission (ACCC) sued Google, arguing that the company had misled users about the scope of its data collection.
Google's Chrome browser has been at the centre of several data harvesting scandals. Chrome collects more data than any other browser, including user IDs and device IDs, and links this data to individual users. This practice has raised concerns about user privacy, with critics arguing that Google exhibits little interest in protecting user data.
Google's business model is built on data, and the company makes money by selling targeted advertising. The more data Google collects, the more targeted its ads can be, and the more money it can make. While Google claims to protect user data and privacy across its platforms, including Gmail, YouTube, and Google Drive, its commitment to privacy has been questioned.
Google has introduced some measures to improve user privacy, such as privacy labels that show what information each app collects. Additionally, users can adjust their privacy settings in Chrome to limit the data collected about them.
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Frequently asked questions
Yes, Gmail has many features that can be useful for lawyers, such as the ability to send self-destructing emails or emails secured by an SMS code. However, there are potential risks to using Gmail for law emails, such as the possibility of Google's scanning of emails and data harvesting violating attorney-client privilege.
Gmail has a Confidential Mode that allows you to send self-destructing emails or emails secured by an SMS code, which can be useful for sensitive information. Gmail also has a tasks feature, enabling to-do lists with subtasks and due dates, and a snooze feature that allows you to snooze an email and be reminded about it later.
Yes, there are potential risks to using Gmail for law emails, especially concerning attorney-client privilege. Google's scanning of emails and data harvesting may violate the requirement that communications between attorneys and clients be confidential. As such, risk-averse lawyers may want to reconsider their reliance on Gmail.
