Washington Privileged and Confidential Memorandum - Pipes
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How to fill out Privileged And Confidential Memorandum - Pipes?
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FAQ
Most lawyers routinely handle printed and electronic communications marked ?Privileged,? ?Confidential Attorney-Client Communication,? ?Work Product,? etc.
No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) for the purpose of seeking, obtaining or providing legal assistance to the client.
With emails, include counsel on the ?To? line and the non-lawyers (if any) on the ?cc? line. With particularly sensitive and confidential issues for which a privilege is intended to be maintained, it is often best to use separate parallel communications to discuss legal and non-legal issues.
For example, if a physician retained an attorney to determine if a joint venture was legal, the new information developed through the attorney's investigation would be privileged under the work product doctrine. The attorney's advice would be privileged under the attorney-client privilege.
Most lawyers routinely handle printed and electronic communications marked ?Privileged,? ?Confidential Attorney-Client Communication,? ?Work Product,? etc.
Rule 3: Label the top of the communication or the subject line of an email: "Privileged and Confidential: Attorney-Client Privileged Communication." This notice should be prominent and easily viewable as soon as someone receives the communication.
Include headings such as 'attorney work product,' 'privileged' and 'confidential. ' However, these headings alone will not make an email privileged, so limit the substance of the email to the legal issues. People write a lot of emails but often don't think about someone other than the intended recipient reading it.
If an email actually is privileged, then putting "Privileged and Confidential" in the email subject line and/or at the top of the email body is the best way to signal that you believe it is covered by privilege.