Attorney-client privilege is designed to protect the communication between lawyer and client. For something to fall within the scope of attorney-client privilege, it must be both confidential and designed to give legal advice. Simply adding an attorney to a memo, email, or text message does not necessarily create a privileged communication.

Clients seeking legal advice can take steps to ensure that their attorney-client privileged is not waived. In email communication, we advise that you write “attorney-client communication” at the top, so it is readily identifiable. Further, if a client is trying to protect communication, they should not include more people than are necessary in a meeting, email, or memo. By opening the communication to too many people, clients risk waiving attorney-client privilege.