Alaska Notice of Attorney-Client Privilege Regarding E-Mail Transmission

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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.

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FAQ

503(b)(1). A communication is ?confidential? if it is not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication. Id. 503(a)(5).

You also must maintain the confidentiality of a communication. If you share the communication with a third party ? for example, by forwarding an email to someone outside of your business ? you can lose the protection of attorney-client privilege.

In a criminal case, a client has a privilege to prevent a lawyer or lawyer's representative from disclosing any other fact that came to the knowledge of the lawyer or the lawyer's representative by reason of the attorney-client relationship.

A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client, (1) between the client or the client's representative and the client's lawyer or the lawyer's ...

Rule 503 - Motions (a) General. An application for relief of any kind from either appellate court ancillary to a case in that court shall be made by written motion. A stipulation is not sufficient.

In fact, simply adding an attorney to an email does not invoke the attorney-client privilege at all. Rather, the privilege extends only to communications with counsel for the purpose of obtaining legal advice.

A parent or guardian of a minor who has a claim against another person has the power to execute a full release or a covenant not to sue, or to execute a stipulation for entry of judgment on such claim.

1002. This rule, modeled after Federal Rule 1002, is the familiar part of the Best Evidence Rule requiring the production of the original to prove the contents of a writing, recording or photograph. See Rule 1001(1) and 1001(2) for definitions of the terms used in this rule.

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Alaska Notice of Attorney-Client Privilege Regarding E-Mail Transmission