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Confidentiality is a responsibility to protect someone else's choices about disclosure, and. Privilege is a legal rule prohibiting the disclosure of private information against someone's will.
If an email actually is privileged, then putting "Privileged and Confidential" in the email subject line and/or at the top of the email body is the best way to signal that you believe it is covered by privilege.
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.
The dominant purpose for the creation of the document must have been its intended use in actual or reasonably contemplated litigation; 3. the communication must have been confidential; and 4. there must not have been any waiver of confidentiality.
Privileged communication is an interaction between two parties in which the law recognizes a private, protected relationship. Whatever is communicated between the two parties must remain confidential, and the law cannot force their disclosure.