Attorney Client Privilege
Wednesday, February 18th, 2009Yesterday I received an email from a client forwarding an email from her husband, where the email string from the husband included a conversation with *his* lawyer. I’m sure the lawyer will not be happy when he finds out that I received his email/advice from his own client.
The attorney client privilege protects confidential communications between a lawyer and client, but only if those communications are kept confidential. Including anyone else in the communication will negate the privilege. So, if you take your Mom with you to visit your Dallas divorce attorney, the privilege will be negated. If you tell your best friend what your attorney told you during a confidential meeting, the privilege will be negated. And, if you forward to anyone else a confidential email your attorney sent to you, the privilege will be negated. This includes blind cc on emails to or from your attorney too.
Why is this important? You and your attorney may discuss some strategy in your case. If you share that with someone outside your attorney’s office/staff, even if it isn’t the opposing party, then the opposing party can legally broach the attorney-client privilege and use whatever communication has been released as part of the case.
So, for example, say that you confide in your divorce attorney via email that you met a new love interest on Facebook and want to go on a date. Then, your attorney responds via email that you should wait. You forward that email to your new love interest and say my attorney says to wait, but I just won’t tell her what we’re doing. Then, the love interest doesn’t work out and sends that email on to the spouse you are divorcing. Attorney-client privilege is waived and that evidence can be used against you in your divorce case.
So, the lesson, keep private conversations between you and your attorney just that, private.
