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Are email communications between a Defense Attorney and an opposing Pro Per Plaintiff privileged?

Mesa, AZ |

Are email communications between a Defense Attorney and an opposing Pro Per Plaintiff regarding issues of the case considered privileged?

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Attorney answers 3

Best Answer

As between an attorney and client, communications are privileged. Communications between an attorney and the opposing party are generally not privileged since there is no attorney client relationship. An exception would be as relates to communications made in the nature of settlement discussions or negotiations and communications made during a mediation. Each type of communication is subject to a separate "privilege".

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No, the privilege would be between you and your attorney if you had one, from the question you ask, it souunds like you really need one before you lose your case as a result of inexperience!

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


Privilege generally applies to communications between a client and attorney or the work product of an attorney. Communications between two attorneys about a case is not privileged unless the subject matter of the communications is highly confidential, privileged or designated attorneys eyes only. It is very difficult to answer your questions without knowing the nature of the email communications.