November 01, 2018 Top Story

Privilege Waived for Email Copied to Unrepresented Third Party

Client communication with unrepresented contractor is not protected by common interest

By Peter J. Murphy

Common interest agreements allow separate parties pursuing a common legal interest to share information protected by the attorney-client privilege without waiving that privilege.

iStockphoto by Getty Images

But a common legal interest requires that both parties be represented by counsel at the time of the communication, according to the U.S. District Court for the Southern District of California. A common business or commercial interest is not sufficient to protect otherwise privileged communication from disclosure.

Premium Content For:
  • Litigation Section
Join - Now