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(a) A lawyer shall not reveal information protected from disclosure by Business and Professions Code section 6068, subdivision (e)(1) unless the client gives informed consent,* or the disclosure is permitted by paragraph (b) of this rule.
The privilege can be affirmatively raised in the face of a legal demand for the communications, such as a discovery request, during a deposition, or in response to a subpoena.
ATTORNEY-CLIENT PRIVILEGED MEMORANDUM You must maintain all information relating to your tasks in confidence. You may not disclose the nature of your work to anyone other than to counsel, the Director of Law, or as directed by counsel.
Generally, attorney?client privilege is seen as substantive law. See Republic Gear Co. v Borg-Warner Corp., 381 F. 2d 551, 555 n.
This privilege is codified in California law via Evidence Code 954, which gives your attorney the right to refuse to divulge the contents of your conversation, gives you the right to require confidentiality from your attorney, and with few exceptions, makes any breach of that confidence inadmissible in court.
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.
The attorney-client privilege is recognized under federal common law and is also codified in state statutes.
What's the difference? The main difference between attorney-client privilege and attorney-client confidentiality is that the former is an evidentiary principle while the latter is an ethical principle. The difference between an evidentiary and an ethical principle matters in a number of ways.