Nebraska 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
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.
Privileged communication is defined as statements made by people within protected relationships (e.g., husband and wife, attorney and client) that the law shelters from forced disclosure on the witness stand.
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.
Some relationships that provide the protection of privileged communication include attorney-client, doctor-patient, priest-parishioner, two spouses, and (in some states) reporter-source. If harm?or the threat of harm?to people is involved, the privileged communication protection disappears.
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.
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.
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.
