As reported in Ethics and Lawyering Today, In City of Reno v. Reno Police Protective Ass’n, 59 P.3d 1212 (Nev. 2002), modified, 2003 Nev. LEXIS 25 (Nev. May 14, 2003), the Nevada Supreme Court held that a privileged attorney-client communication retained its privileged status despite claims by the opposing side claiming that the privilege had been waived by the fact that the message had been e-mailed. The court relied, in part, on ABA Formal Opinion 99-413 (1999), which held that sending unencrypted internet email does not violate a lawyer’s duty of confidentiality (not an opinion on privilege, as such). The court also noted that both federal and California statutes say that unlawfully intercepted electronic communications do not lose their privileged status.
3 08 2003
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