Re:Google hid evidence by training workers to avoid words mo...
by lazide on Thursday September 14, 2023 @04:54PM
(#37514725)
Not a lawyer, but my understanding is:
- you have to have a reasonable expectation of privacy for the communication (yelling it across a crowded room, or using a line you know is recorded by someone else means no privilege)
- it needs to be a legitimate attempt to receive counsel from said attorney.
- the only other folks who are in the communication are also related to the matter and also clients of the attorney (or attorneys for you).
So asking your attorney ‘hey, I ran over someone - am I in trouble?’ over direct private email (or other channel) that is private? That’s privileged.
CC’ng your attorney on a thread where you’re conspiring between 3-4 other people so that ‘it’s attorney client priviledged’, but the thread isn’t about you getting legal advice about the legality of the endeavor?
Not privileged.
Think of it this way:
- the courts want to be sure that you can have direct conversations with your attorney on legal matters. That includes asking questions about the law, defending yourself, etc. and they don’t want you to have to worry about putting your foot in your mouth in the process. Because a big reason attorneys exist is because people will put their foot in their mouth constantly without help.
- the courts also want to be sure that the truth of any legal matter (with the assistance of your attorney) is found in a speedy, accurate, and expeditious manner.
So if you aren’t legitimately trying to get legal advice or help? Pound sand.
- you have to have a reasonable expectation of privacy for the communication (yelling it across a crowded room, or using a line you know is recorded by someone else means no privilege)
- it needs to be a legitimate attempt to receive counsel from said attorney.
- the only other folks who are in the communication are also related to the matter and also clients of the attorney (or attorneys for you).
So asking your attorney ‘hey, I ran over someone - am I in trouble?’ over direct private email (or other channel) that is private? That’s privileged.
CC’ng your attorney on a thread where you’re conspiring between 3-4 other people so that ‘it’s attorney client priviledged’, but the thread isn’t about you getting legal advice about the legality of the endeavor?
Not privileged.
Think of it this way:
- the courts want to be sure that you can have direct conversations with your attorney on legal matters. That includes asking questions about the law, defending yourself, etc. and they don’t want you to have to worry about putting your foot in your mouth in the process. Because a big reason attorneys exist is because people will put their foot in their mouth constantly without help.
- the courts also want to be sure that the truth of any legal matter (with the assistance of your attorney) is found in a speedy, accurate, and expeditious manner.
So if you aren’t legitimately trying to get legal advice or help? Pound sand.