West Virginia Notice of Attorney-Client Privilege Regarding E-Mail Transmission
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FAQ
The attorney-client privilege does not apply to every communication with an attorney. For the privilege to exist, the communication must be to, from, or with an attorney, and intended to be confidential. In addition, the communication must be for the purpose of requesting or receiving legal advice.
It is the purpose of the crime-fraud exception to the attorney-client privilege to assure that the ?seal of secrecy? between lawyer and client does not extend to communications made for the purpose of getting advice for the commission of a fraud or crime.
Rule 1.6 - Confidentiality of Information (a) A lawyer shall not reveal information relating to representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b).
Attorney?client privilege: Goes into effect when both parties agree to representation. A person must agree to hire the lawyer, and the lawyer must agree to represent that person after understanding the legal issue at hand. Protects confidential oral, written, and electronic communications.
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.
In West Virginia, in order to assert an attorney-client privilege, three elements must be present: 1) both parties must contemplate that the attorney-client relationship does or will exist; 2) the advice must be sought by the client from the attorney in his or her capacity as a legal adviser; and 3) the communication ...
