The elements required to establish the attorney-client privilege are as follows: a communication; made between privileged persons; in confidence; and. for the purpose of seeking, obtaining, or providing legal assistance to the client.
The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance.
Canon 1 – A paralegal must not: (a) engage in, encourage, or contribute to any act which could constitute the unauthorized practice of law; (b) establish attorney-client relationships, set fees, give legal opinions or advice, or represent a client before a court or agency unless so authorized by that court or agency; ...
The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance.
An attorney-client relationship may be implied when: (1) a person seeks legal advice from an attorney; (2) the advice sought is within the attorney's professional competence: (3) and the attorney actually gives the advice.
If an attorney-client relationship exists, an attorney owes a duty of confidentiality to the clients. Except in those situations where a court appoints an attorney, the attorney-client relationship is created by contract, either express or implied.
Clearly label all confidential information as “confidential”. This means writing “confidential” on documents or any folder you keep them in. If you are sending an email, make sure the title clearly identifies it as confidential.
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.
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.