Counsel’s draft shared on WhatsApp with the client can raise privilege questions if forwarded further

Cyber Desk · Insight. Series: Digital disputes, as Indian courts actually see them.

Counsel’s draft shared on WhatsApp with the client can raise privilege questions if forwarded further.

A client forwards counsel’s memo to the opponent “by mistake.” Privilege conversations often start with who received the advice and what happened next. Sharing with the client on WhatsApp can be ordinary solicitor–client communication — onward forwarding can change the hygiene problem. The lesson is not “never use chat.” It is that privileged drafts need the same care as privileged PDFs: controlled copies, clear marking, and no casual forwards.

Counsel memo on WhatsApp.

Forwarding still needs care.