Colorado Notice of Attorney-Client Privilege Regarding E-Mail Transmission
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How to fill out Notice Of Attorney-Client Privilege Regarding E-Mail Transmission?
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FAQ
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.
Colorado Rule of Evidence 502 follows Federal Rule of Evidence 502 in taking a flexible approach to determin- ing whether a waiver of the attorney?client privilege or work product protection has occurred in civil and crimi- nal actions.
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.
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.
Attorney-client privilege covers communications (oral, written, emails, Zoom conferences, WhatsApp, etc.) back and forth between a client and the lawyer. It may also cover lateral or downstream communications among clients and other service providers in furtherance of a lawyer's handling of the case.
Privilege May Not Extend to Attachments Rather, if the ?attachment contains facts and not communications, the Court must evaluate whether the disclosure of the facts would somehow reveal a request for, or the content of, legal advice.? (See Townhouse Rest.
