Com Client Privilege With Third Party Present

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Multi-State
Control #:
US-00684BG
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Word; 
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Description

Because of the inherent dangers in transmission of e-mail, messages that contain sensitive or confidential information should always include a clear notice in the event the transmission reaches an unintended party. This is especially true when the communication may involve attorney-client privileged information. The following is an example of such a form.

How to fill out Notice Of Attorney-Client Privilege Regarding E-Mail Transmission?

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FAQ

The side making the inadvertent disclosure can demand that the receiving side return or destroy the inadvertently disclosed communication, but if the opponent refuses, an expensive motion is required, and winning is far from a slam dunk.

The general rule is that, by allowing a third party to be present for a lawyer-client conversation, the defendant waives the privilege. That generally means that the prosecution can force the third party to reveal the contents of the conversation.

In addition to attorney-client privilege and conversations with medical professionals and religious officials, privileged communications include those between two spouses, accountant, and client, and, in some states, reporters and their sources.

Waiver: If the client voluntarily discloses the information to a third party, the attorney-client privilege may be waived, and the information may no longer be confidential.

Privilege ? The law of privilege allows parties to maintain confidentiality in their legal communications. In particular, parties may rely on the law of privilege to refuse to produce documents or answer questions from third parties.

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Com Client Privilege With Third Party Present