Rule 3: Label the top of the communication or the subject line of an email: "Privileged and Confidential: Attorney-Client Privileged Communication." This notice should be prominent and easily viewable as soon as someone receives the communication.
No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) for the purpose of seeking, obtaining or providing legal assistance to the client.
Attorney-client privilege extends to intended documents that weren't delivered. For example, if you mail your attorney relevant documents that get lost in the mail, the contents are still covered under attorney-client privilege.
A legal consultation is a chance for prospective clients with legal needs to meet (in person, over the phone, or through video chat) and discuss their legal needs with the attorney. This is where you discuss the relevant information regarding the type of legal assistance you need representation for.
Include the words "Privileged," "Confidential," or "Attorney-Client Communication" in the subject line of your email. It helps to make these words stand out as much as possible, such as by typing them in all caps or putting asterisks on either side.
Rule 3: Label the top of the communication or the subject line of an email: "Privileged and Confidential: Attorney-Client Privileged Communication." This notice should be prominent and easily viewable as soon as someone receives the communication.
The attorney-client privilege does not apply to every communication with an attorney. For the privilege to exist, the communication must be to, from, or with an attorney, and intended to be confidential. In addition, the communication must be for the purpose of requesting or receiving legal advice.
The attorney-client privilege is enshrined in California through Evidence Code sections 950-962. These sections establish the fundamental principles that govern confidential communication between attorneys and their clients. The attorney-client privilege is held by the client.