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>To me, it’s not about “should this specific thing be cloaked behind privilege?” but rather “to make the attorney-client relationship productive and to make rep
by vba616 5y ago
>To me, it’s not about “should this specific thing be cloaked behind privilege?” but rather “to make the attorney-client relationship productive and to make representation effective, they should be privileged”.
If Bob Jones emails Joe Schmoe and cc's Dewey Cheatham & Howe, maybe the communication to the lawyers is privileged, but why would the communication to Joe be privileged? It's neither to a lawyer nor asking for legal advice.
- danielmarkbruce 5y agoFrom a practical perspective people usually say "hey John (at Dewey), what are your thoughts on X?" They also put "privileged and confidential" in the subject and/or email body.
- vba616 5y agoIf the email is going to other people than John, each copy received is treated as a separate document under a different custodian. At least, this is how I recall it working. Recovering a unified concept of an email is done afterwards.