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Attorney client privilege using email

Bayside, NY |

I prefer to communicate by email much more than telephone and in person consultations. I am looking to hire a patent agent/attorney for a provisional patent application. I am vague on my first email but usually by the second, I am either asked or insist on sending a detailed description for further evaluation.

Is every email I send considered privileged? Laws are usually behind on technology and lawyers (definitely IP/Contract lawyers) can write a mean disclaimer, so I want to make sure I am covered.

Since I have also inquired information from patent agents, are they also held to the same standards as attorneys when it comes to privilege?

Attorney Answers 3

Posted

So long as you communicate with your retained attorney for the purposes of obtaining legal advice, it should be covered. You may want to include in the subject 'attorney client communication' but this does not per se cover all communications. You should include a disclaimer in your signature block. Agents may not have the same legally recognized privilege. You may also include a disclaimer on some documents you prepare for your attorney.

DISCLAIMER: This information is intended for public and educational use only, it does not form an attorney-client relationship and it is not intended as legal advice. Nothing replaces a confidential consultation with an attorney. This communication may be considered attorney advertising. Do not post any privileged information, instead contact an attorney directly.

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2 lawyers agree

Posted

Be careful how you email. If you use an employer's email, computer or server the email may not be privileged.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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2 lawyers agree

Posted

It is privileged, but, email is not entirely secure. So you need to keep that in mind.

You also want to make sure you use your own email account and not an account accessible by a third party such as an employer, friend, spouse etc.

I am licensed in Pennsylvania. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation and social security disability. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.

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