New Mexico Notice of Attorney-Client Privilege Regarding E-Mail Transmission

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Multi-State
Control #:
US-00684BG
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Word; 
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Description

Because of the inherent dangers in transmission of e-mail, messages that contain sensitive or confidential information should always include a clear notice in the event the transmission reaches an unintended party. This is especially true when the communication may involve attorney-client privileged information. The following is an example of such a form.

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FAQ

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.

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.

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.

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.

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.

A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made for the purpose of facilitating or providing professional legal services to that client, (1) between the client and the client's lawyer or representative; (2) between the client's lawyer ...

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.

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.

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New Mexico Notice of Attorney-Client Privilege Regarding E-Mail Transmission