Com Client Privilege For Government Lawyers
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How to fill out Notice Of Attorney-Client Privilege Regarding E-Mail Transmission?
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FAQ
A classic example involves someone being arrested and charged with Penal Code 503 embezzlement from their employer. They retain a defense lawyer and admit they did indeed take the money. Their lawyer can't disclose their conservation to anyone during the court process.
The privilege applies to both oral communications and documents and other records that reflect communications between privileged persons, including emails. Importantly, a pre-existing document conveyed by a client to an attorney does not become privileged as a result of the transfer.
?(1) Where legal advice of any kind is sought (2) from a professional legal adviser in his [or her] capacity as such, (3) the communications relating to that purpose, (4) made in confidence (5) by the client, (6) are at his [or her] instance permanently protected (7) from disclosure by [the client] or by the legal ...
Communications must meet certain criteria to qualify for privileged status. They must be confidential. ... They must be between an attorney and a client. ... They must be for the purpose of seeking or providing legal advice.
Either voluntary or inadvertent disclosure to outside or non-covered recipients, professional advisors outside the privilege, and experts and consultants, can result in waiver as a matter of law.
