how protected are emails between me and my attorney

Emails with your personal attorney may not be confidential and protected by the attorney-client privilege if sent from or received at a work-provided email address, according to a recent decision by the Michigan Court of Appeals.

Full Answer

Are emails between a lawyer and a client confidential?

Jun 16, 2020 · The safest way to protect the confidentiality of emails with your attorney is to use your personal email address and your personal computer or device. While it may not be as easy as emailing from work, it is much better than having your communications with your attorney disclosed and used against you in a lawsuit.

Is it legal to email a lawyer?

Apr 23, 2018 · Not all communications with an attorney are privileged from disclosure under the attorney-client privilege. The reality is that a communication ( i.e. emails, correspondence, oral communications ...

Are emails to a non-attorney protected by attorney-client privilege?

Jul 27, 2007 · Only e-mails that transmit confidential information for the purpose of seeking, obtaining or providing legal advice for the corporation are privileged. In this age of casual electronic communications, non-privileged e-mail between attorneys and clients is quite common, and can lead to embarrassing and damaging disclosures of non-privileged information.

How do you write attorney client privilege in an email?

Apr 19, 2018 · 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 …

Are emails to my lawyer confidential?

Simply put, just telling a lawyer something, or copying a lawyer on an email, does not make the conversation or email privileged. Not all communications with an attorney are privileged from disclosure under the attorney-client privilege.Apr 23, 2018

Are communications between lawyers confidential?

Legal advice privilege covers confidential communications (written or oral) between a lawyer and their client for the purpose of giving or receiving legal advice. It applies to all advice in relation to a client's legal rights and obligations.Feb 13, 2020

Can I share emails with my lawyer?

No. Not typically illegal. It would be unwise, because you might lose the privileges and protections afforded by the attorney-client relationship (or the attorney work product doctrine), but sharing the email itself is not generally illegal. This answer is not a substitute for professional legal advice.

Are emails privileged information?

Don't assume that an email you send or receive at work will be protected against disclosure and use in a lawsuit. To be protected by the attorney-client privilege, courts have always required that an individual have a reasonable expectation that communications with his or her attorney will be private and confidential.Jun 16, 2020

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

When can lawyers breach confidentiality?

When can a solicitor breach confidentiality? A solicitor cannot be under a duty of confidentiality if the client is trying to use them or the firm to commit fraud or other crimes. A client cannot make a solicitor the confidant of a crime and expect them to close up their lips upon any secret they dare to disclose.Jan 7, 2021

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Are emails privileged communication?

First, the purpose of the communication must be to seek or obtain legal advice. Thus, for example, an email is not privileged merely because counsel is copied on an email. This is especially true when communicating with in-house counsel.

What information is covered by the duty of confidentiality?

In common law jurisdictions, the duty of confidentiality obliges solicitors (or attorneys) to respect the confidentiality of their clients' affairs. Information that solicitors obtain about their clients' affairs may be confidential, and must not be used for the benefit of persons not authorized by the client.

Can you sue someone for forwarding an email?

The mere act of forwarding an email or posting an exchange to a website is grounds for legal action, according to University of Arkansas law professor Ned Snow.May 4, 2007

What happens if you forward a confidential email?

If the sender used confidential mode to send the email: You can view the message and attachments until the expiration date or until the sender removes access. Options to copy, paste, download, print, and forward the message text and attachments will be disabled. You might need to enter a passcode to open the email.

Can I forward a privileged and confidential email?

Whether in litigation or not, attorneys and clients should make sure never to forward privileged communications to anyone outside the attorney-client relationship. All emails to an outsider should be conveyed in a new email chain. Nonetheless, mistakes do happen, but you must act promptly to rectify the mistake.Apr 22, 2019