Just got off the phone with a client to whom I'd e-mailed a report and sketch concerning a boundary mess. She's hand-delivering a printed copy of it to her attorney because he says nothing she e-mails him will be protected (i.e. from discovery etc.) by attorney-client privilege.
I realize this sort of thing is likely state-specific but has anybody else run into this? It's a new one on me.
New one on me too. Phone calls, fax and email docs are suppose to go directly to the attorney and not the client. If the client is handed something then it is part of discovery. Or at least thats the way it was explained to me.
Makes sense I guess -- thanks, Craig. Tho in this case the attorney was referring to the client's method of delivery to him, not mine. I just did what I was told to do! I doubt this one will go very far, since my findings were more adverse to my client than were the opposing surveyor's, but I want to understand the protocol for future reference.
> New one on me too. Phone calls, fax and email docs are suppose to go directly to the attorney and not the client. If the client is handed something then it is part of discovery. Or at least thats the way it was explained to me.
agreed. because he's already furnished directly to client,there is no att/client privilege on what he reported...I believe she can't invoke it (or try to) by hand delivering to attorney
I could be wrong, but I think you are all missing the point. I think the issue is that emails are not private...
No, the issue is that if you share it with anyone else it's not privileged between yourself and your attorney. But this seems weird to me. I don't remember the cases on point, but it would make sense (in the strange legal world) that the expert should give their opinion to the attorney who would then share it with the client. If there are emails going around with the info it could be attacked as available to others. If it is only available between expert, attorney, client then it should be privileged, but how do you prove that when it's floating around in an email from one to another and another.
''since my findings were more adverse to my client...''
"since my findings were more adverse to my client than were the opposing surveyor's"
Then your findings should have been descreetly delivered to the attorney. They may have wanted to pay you more money to not complete the job, since your findings may have been inconclusive.
Let's hope the opposing client or his consoul does know how to use Google, because you could be in deep doo-doo.
Paul in PA
Paul:
Just to clarify: there is no litigation underway, and this client hired me, not her attorney, with whom I've had no contact. She asked me to send her the report and I don't see how I could have second-guessed her and sent it elsewhere.
I'm aware that lawyers use Google and have thus kept all this fairly generic and vague as to details. But you're right, we should be cautious in that regard.
I think emails are private, they're just not secure.
There is such a thing as secure email, but it's not the same thing that most people are used to when they're talking about email. It's a different critter, usually associated with a higher cost.
Always assume anything sent via e-mail (blog, bb, skype, etc., etc.) can be retrieved and used.
Even if it is not admissible in court, it can help anyone who finds it. The most secure way of delivering sensitive data to an attorney is by hand, face to face.
From what I have been told in the past, emails are not very secure: they can be intercepted and read at the server, or relay point should the administrator be so inclined. Of course, there are so many emails going through, specific emails would have to be targeted.
