To qualify for protection under the attorney-client privilege, communications of legal advice, including email, must be made in confidence. The attorneyclient privilege is a way to address communication to your outside or inhouse counsel when you need to send a message (ie, letter or email)"If I copy our lawyer on an email to my fellow board members, that will make it attorneyclient privileged. The parties may incorporate into the order a specific and detailed agreement regarding its scope and effect in the litigation. The special committee is the client here, not the full board. For client confidences in the Rules of Professional Conduct and the attorney-client privilege. Directors using external company email addresses for communications with counsel may be at risk of sacrificing attorneyclient privilege. Baughman is a partner in the Houston office of McGinnis, Lochridge and Kilgore, LLP.