I am a corporate counsel. Most of my communication, particularly in-house, is through email. As the in-house counsel, I give both legal advice and business advice, when asked. Are my emails covered by attorney-client privilege?
The issue of corporate in-house counsel and emails and attorney-client privilege is one that, in this modern age, is evolving. This was never a problem in the past. Lawyers wrote letters that dealt either with a legal issue or a nonlegal issue. Everything else was by telephone and there was nothing to recover, unless there were memos of the conversation. Email creates a challenge as to what is privileged and what is not.
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