Illinois 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
Commonly cited relationships where privileged communication exists are those between attorney and client, doctor?or therapist?and patient, and priest and parishioner.
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.
Courts have held that willful acts by third parties should not deprive clients of the attorney-client privilege. So if an e-mail communication between an attorney and her client is unlawfully intercepted by a third party, presumably, the attorney-client privilege should remain intact.
An issue that has tormented many a litigator is whether email attachments are covered by legal privilege or not. The answer is no: email attachments (which are not themselves privileged) do not attract privilege by merely being attached to a privileged email.
The attorney-client privilege is a vital attribute of the relationship between a lawyer and his or her clients. The privilege shields written and oral communications from disclosure in litigation as well as from disclosure under the Public Records Act and similar laws.
The attorney-client privilege in the United States is often defined by reference to the ?5 Cs:? (1) a Communication (2) made in Confidence (3) between a Client (4) and Counsel (5) for the purpose of seeking or providing legal Counsel or advice.
The attorney-client privilege does not apply to every communication with an attorney. For the privilege to exist, the communication must be to, from, or with an attorney, and intended to be confidential. In addition, the communication must be for the purpose of requesting or receiving legal advice.
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.
