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E-Mail and the Attorney-Client Privilege

By Michael J. Hutter

The first part of this article discussed various New York cases ' some involving matrimonial issues ' in which courts were asked to grapple with this question: May e-mailed communications between litigants and their attorneys be admitted in court as evidence? All those cases involved e-mails sent to and from home computers, and the communications involved usually merited protection so long as minimal protections against dissemination were in place. In such cases, courts found that there was a reasonable expectation of privacy, so the attorney/client privilege against disclosure applied.

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