4 ms·
It doesn't apply. It's not even a clever workaround. It has to be a communication that requests or involves legal advice. If you just forward a public email to
by mountainb 5y ago
It doesn't apply. It's not even a clever workaround. It has to be a communication that requests or involves legal advice. If you just forward a public email to your lawyer or CC the attorney on normal business communication it is not privileged.
If you forward such an email to the attorney and ask something like "thoughts? what are the risks here?" that ensuing email chain is privileged. If emails are CC'd to a lawyer to evade discovery and the other side finds out, that's a big problem, even bigger problem if the other side is the feds.
- colinmhayes 5y agoSo what if you added an email header that said "P&C, any risks here?" to every email and had a lawyer who set up an auto reply that said "everything looking legal here"?
- vkou 5y agoThen you better pray to whatever deity you hold dear that the judge presiding over this case, and the attorney litigating against you are both absolute idiots, who won't see what you are trying to do. Generally speaking, judges don't like it when you try to hack the law.
- mountainb 5y agoCorrect. Any sensible judge will lynch the attorney.
- ceejayoz 5y agoBoth parties might want to non-automatically engage a third lawyer in your scenario. They'll be needing one.