New Hampshire 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
Confidentiality of Information. (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b).
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.
Conflicts of Interest. (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client , a former client or a third person or by a personal interest of the lawyer.
When a lawyer has been directly involved in a specific transaction, subsequent representation of other clients with materially adverse interests in that transaction clearly is prohibited.
Crime or Fraud Exception. If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.
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.
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.
Privilege May Not Extend to Attachments Rather, if the ?attachment contains facts and not communications, the Court must evaluate whether the disclosure of the facts would somehow reveal a request for, or the content of, legal advice.? (See Townhouse Rest.
