South Dakota 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

A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client: (1) Between himself or his representative and his lawyer or his lawyer's representative; (2) Between ...

The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law.

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.

Rule 5.5 - Unauthorized Practice of Law; Multijurisdictional Practice of Law (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

Confidentiality refers to the professional norm that information offered by or pertaining to clients will not be shared with third parties. Privilege refers to the disclosure of confidential information in court or during other legal proceedings.

With respect to confidentiality and privileged communication: confidentiality is primarily an ethical issue, and privileged communication is primarily a legal issue.

Confidentiality is a responsibility to protect someone else's choices about disclosure, and. Privilege is a legal rule prohibiting the disclosure of private information against someone's will.

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.

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South Dakota Notice of Attorney-Client Privilege Regarding E-Mail Transmission