Missouri 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
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.
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.
A lawyer may reveal otherwise confidential information only (1) if the client consents, Rule 4-1.6(a); (2) to prevent the client from committing a crime likely to result in death or substantial bodily harm, Rule 4-1.6(b)(1); or (3) "to establish a claim or defense on behalf of the lawyer in a controversy between the ...
There are also a few precautions to take in order to lessen the chance of inadvertently waiving privilege: As noted above, take care not to forward e-mails from your attorney. If your attorney e-mails you with advice about how to handle a situation, start a new e-mail to give instructions to the proper people.
When sending an email that contains legal advice or a request for legal advice, apply a label that make this clear, such as ?Privileged & Confidential? and/or ?Attorney-Client Communication.? Such a label will not be dispositive, but it indicates the intention of the sender to seek legal advice.
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.
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.
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.
