Postal Letter

If a client forwards an e-mail from his or her lawyer to a business partner who isn't involved in the litiga-?

tion, a. the message remains privileged, because the initial communication was between lawyer and client. b. If the business partner discloses the messge to anyone else, the privilege between the lawyer and client will be waived. c. the message reamins privileged, because it wasn't posted to a listserv where many unknown third parties could read it. d. lawyer-client privilege is lost, because the communication is no longer a secret between lawyer and client.

Public Comments

1. A - the message remains privileged because the initial communication was between lawyer/client. If you're asking for purposes of discovery, you will not have to disclose the e-mail and it will remain "confidential." If the information were to be subpoenaed from the business partner, s/he could not claim privilege.
2. I would say D
3. D, guarenteed.