St. Denis & Davey, P.A.

Legal Malpractice Issues

Are the emails I send my attorney privileged?

| Apr 22, 2019 | Legal Malpractice Law |

When you send an email to your Florida attorney, you probably believe that the information it contains is confidential information that the attorney cannot disclose to anyone else. But is it?

FindLaw explains that no court has ever addressed this question, but legal scholars believe that, in general, email communications between you and your attorney are indeed privileged. Nevertheless, this does not mean that the emails you send to your attorney are safe from prying eyes.

Email dangers

It goes without saying that any email you send to anyone, including your attorney, is subject to hacking, regardless of the precautions both you and your attorney take to make your email transmissions safe and secure. Recognizing that most emails travel around the world, sometimes literally, before arriving in the intended recipient’s inbox, hacking opportunities are everywhere.

While it is true that no court or law enforcement officer can force your attorney to divulge information you give him or her, by email or otherwise, such information can be intercepted if you send it via email. In other words, your expectation of privacy when you send an email to your attorney is enough to grant the information in it the status of privileged. But this does not save you, or your attorney, from unauthorized interception of the information.

Bottom line, your best strategy when divulging confidential information to your attorney that you want to remain privileged is to divulge that information to him or her in person.

This is general educational information and not intended to provide legal advice.