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They must be for the purpose of seeking or providing legal advice. For that reason, copying an attorney on an email or having a lawyer in the room during a meeting does not necessarily establish the privilege.
Attorney-client privilege covers communications (oral, written, emails, Zoom conferences, WhatsApp, etc.) back and forth between a client and the lawyer. It may also cover lateral or downstream communications among clients and other service providers in furtherance of a lawyer's handling of the case.
(1968) 263 Cal. App. 2d 41. Confidential In-House Counsel attorney-client communications are deemed privileged unless the ?dominant purpose? was something other than legal advice.
CRIME/FRAUD EXCEPTION: Pursuant to §90.502(4)(a), there is no attorney-client privilege when the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud.
Understand the limits of the attorney-client privilege Emails between you and your attorney are presumed to be confidential under most circumstances. However, the presence of a third party on your email makes your perceived confidentiality less definite.
The attorney-client privilege is a type of privileged communication that is recognized by law and protects certain confidential communications between a lawyer and a client from being included in a discovery process.