January 24, 2018, 03:03 PM
JALLENComey now claiming that the 'friend' he illegally leaked classified document to is his personal 'attorney'
quote:
Originally posted by Rightwire:
Just from my own dealings in business, the statement ATTORNEY CLIENT PRIVILEGED INFORMATION must be in the subject line of emails, in the email body, and the attorney or record must be in the To: or CC: for that to hold.
I don't think you can send something, then later claim it privileged. Our in house legal beagles may disagree.
It’s a good idea, certainly does no harm but is not required. It is only a claim, not determinative. For the privilege to hold up, it has to meet all the requirements.
Wikipedia summarizes itvgenerally as:
quote:
The asserted holder of the privilege is (or sought to become) a client; and
The person to whom the communication was made:
is a member of the bar of a court, or a subordinate of such a member, and
in connection with this communication, is acting as an attorney; and
The communication was for the purpose of securing legal advice.[4]
There are a number of exceptions to the privilege in most jurisdictions, chief among them:
the communication was made in the presence of individuals who were neither attorney nor client, or was disclosed to such individuals,
the communication was made for the purpose of committing a crime or tort,
the client has waived the privilege (for example by publicly disclosing the communication).
It more complicated in real life, but this is the gist of it.