Vermont 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

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.

The court on motion of a defendant may grant a new trial to the defendent if required in the interests of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.

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.

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.

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.

(g) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, or socioeconomic status in conduct related to the practice of law.

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Vermont Notice of Attorney-Client Privilege Regarding E-Mail Transmission