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To be safe put "Attorney-Client Communication", "Privileged and Confidential" or "Attorney Work Product" in the subject of the e-mail, or on privileged documents.
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.
The attorney-client privilege is a type of privileged communication that is recognized by law and protects certain confidential communications between a lawyer and a client from being included in a discovery process.
With emails, include counsel on the ?To? line and the non-lawyers (if any) on the ?cc? line. With particularly sensitive and confidential issues for which a privilege is intended to be maintained, it is often best to use separate parallel communications to discuss legal and non-legal issues.
Include headings such as 'attorney work product,' 'privileged' and 'confidential. ' However, these headings alone will not make an email privileged, so limit the substance of the email to the legal issues. People write a lot of emails but often don't think about someone other than the intended recipient reading it.
Legal professional privilege (LPP) protects certain confidential communications from disclosure without your client's permission. LPP is a right not of lawyers but of clients. An assessment of whether LPP applies often requires delicate and difficult balances to be drawn.
Privileged and confidential communication is the interaction between two parties having a legally protected, private relationship. Law cannot force such parties to disclose the content of communication made between them.
Privileged communication is an interaction between two parties in which the law recognizes a private, protected relationship. Whatever is communicated between the two parties must remain confidential, and the law cannot force their disclosure.