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)This publication is not intended to provide legal advice but to provide general information on legal matters. "If I copy our lawyer on an email to my fellow board members, that will make it attorneyclient privileged. To determine whether communication between a lawyer and a client is privileged, most courts employ a "primary purpose test. The Franklin Rules of Professional Conduct guide Courts in determining motions for disqualification based on conflicts of interest. If the purpose is legal advice, the communication is privileged if it's confidential and between lawyer and client. 10.8 Vacancy in Board: Vacancies in the board of directors (e.g. Attorneyclient privilege and are thus exempt from disclosure under the. Texas Public Information Act.