Attorney client privilege using email

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?

Bayside, NY -

Attorney Answers (3)

Wojciech Zbigniew Kornacki

Wojciech Zbigniew Kornacki

Military Law Attorney
Answered

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... more
Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

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... more
Jennifer L. Ellis

Jennifer L. Ellis

Ethics / Professional Responsibility Lawyer - Philadelphia, PA
Answered

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... more

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