Suffolk New York Notice of Attorney-Client Privilege Regarding E-Mail Transmission

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State:
Multi-State
County:
Suffolk
Control #:
US-00684BG
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Word; 
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Description

Because of the inherent dangers in transmission of e-mail, messages that contain sensitive or confidential information should always include a clear notice in the event the transmission reaches an unintended party. This is especially true when the communication may involve attorney-client privileged information. The following is an example of such a form.

Suffolk New York Notice of Attorney-Client Privilege Regarding E-Mail Transmission serves as a crucial legal document that outlines the guidelines and limitations regarding the transmission of confidential information between attorneys and their clients through email. This notice is a crucial aspect of maintaining the attorney-client privilege and ensuring the protection of sensitive information shared during legal proceedings. The purpose of the Suffolk New York Notice of Attorney-Client Privilege Regarding E-Mail Transmission is to clearly communicate to clients and attorneys alike the necessary precautions that must be taken when using email as a means of communication. It emphasizes the need for clients and attorneys to exercise caution as email transmissions may be susceptible to interception or unauthorized access. By acknowledging this notice, both parties recognize the potential risks associated with exchanging sensitive information through email and agree to take necessary measures to safeguard confidentiality. This notice aims to ensure that the attorney-client privilege remains intact and that any information disclosed during the course of legal representation remains confidential. In Suffolk, New York, there may be different variations of the Notice of Attorney-Client Privilege Regarding E-Mail Transmission, each tailored to specific law firms, attorneys, or legal organizations. However, the fundamental objective of such notices remains consistent across all variations, which is to establish and maintain a protected communication channel between attorneys and clients, ultimately securing the attorney-client privilege. To conclude, the Suffolk New York Notice of Attorney-Client Privilege Regarding E-Mail Transmission is an imperative document that safeguards the confidentiality and integrity of sensitive information exchanged between attorneys and clients via email. It ensures that parties involved are aware of the risks related to email communication and take necessary precautions to protect the attorney-client privilege.

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FAQ

Privileged and confidential communication is the interaction between two parties having a legally protected, private relationship.

Emailed correspondence between attorney and client is privileged. However, the client can take some actions which will waive this attorney client privilege.

The attorney-client privilege is a way to address communication to your outside or in-house counsel when you need to send a message (i.e., letter or email) but don't want it to be potentially discoverable by opposing counsel if a lawsuit were to ensue.

An e-mail from your attorney is privileged, but once you forward it to anyone not covered by the privilege, the e-mail is no longer a confidential communication. Inadvertent waiver is particularly a risk with e-mail software containing an auto-text feature that automatically completes e-mail addresses.

Include the words "Privileged," "Confidential," or "Attorney-Client Communication" in the subject line of your email. It helps to make these words stand out as much as possible, such as by typing them in all caps or putting asterisks on either side.

Privileged and confidential communication is the interaction between two parties having a legally protected, private relationship. Law cannot force such parties to disclose the content of communication made between them.

Don't assume that an email you send or receive at work will be protected against disclosure and use in a lawsuit. To be protected by the attorney-client privilege, courts have always required that an individual have a reasonable expectation that communications with his or her attorney will be private and confidential.

An e-mail from your attorney is privileged, but once you forward it to anyone not covered by the privilege, the e-mail is no longer a confidential communication. Inadvertent waiver is particularly a risk with e-mail software containing an auto-text feature that automatically completes e-mail addresses.

Legal professional privilege protects confidential communications and confidential documents between a lawyer and a client made for the dominant purpose of the lawyer providing legal advice or professional legal services to the client, or for use in current or anticipated litigation.

When sending an email that contains legal advice or a request for legal advice, apply a label that make this clear, such as Privileged & Confidential and/or Attorney-Client Communication. Such a label will not be dispositive, but it indicates the intention of the sender to seek legal advice.

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The evidentiary attorney-client privilege, and the work product doctrine. New York Rule of Professional Conduct (RPC) 4.4(b) obligates a lawyer who receives inadvertently disclosed information to merely "notify the sender. Charge. Court in which judgment was entered for attorney fees, costs or both incurred on appeal. Chief Judge Preska denies assertion of common interest privilege over emails between the plaintiff and a non-practicing attorney.

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Suffolk New York Notice of Attorney-Client Privilege Regarding E-Mail Transmission