Attorney Client Privilege With Consultants In Mecklenburg
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FAQ
The attorney-client privilege applies to communications “to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer is consulted.” Cal. Evid. Code § 952. This includes communications to an expert consultant.
There are two major exceptions to the lawyer-client privilege under the California Evidence Code, as discussed below. 2.1. Crime or fraud. 2.2. Preventing death or substantial physical harm.
Crime or Fraud Exception. If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.
Start by including the words "privileged," "confidential," or "attorney-client communication" in your email subject line. Make sure the body of your email is clear, specific, and only discusses legal issues. Always ask your attorney before sharing information with others, including the contents of your emails.
Commonly cited relationships where privileged communication exists are those between attorney and client, doctor–or therapist–and patient, and priest and parishioner.
Beware of forwarding email strings and sharing attorney-client privileged communications. As the client, you hold the privilege, but if you voluntarily disclose our communications (e.g., “Our General Counsel told us…”), the privilege is waived.
Three types of privilege: Those that protect confidential communications made in the course of a professional relatinoship. Exempt from testifying at all. Exempt from giving certain types of information.
The attorney-client privilege in the United States is often defined by reference to the “5 Cs:” (1) a Communication (2) made in Confidence (3) between a Client (4) and Counsel (5) for the purpose of seeking or providing legal Counsel or advice.
To be safe put "Attorney-Client Communication", "Privileged and Confidential" or "Attorney Work Product" in the subject of the e-mail, or on privileged documents.
A: Firstly, the privilege requires that three things exist: 1) an attorney (including his whole office and staff) and a client; 2) a private communication; 3) the purpose of providing legal advice. Once you have those three things, the privilege covers everything and is construed very broadly.
