Q: If I send an email to my landlord and I cc several other individuals, including my lawyer, is that breaking confidence?
I'm aware that correspondence FROM my lawyer is confidential, but what about sending my lawyer a copy of my correspondence with my landlord. Is that somehow breaking confidence. What if I send a copy to my lawyer and another (non-legal) person. Does that somehow break the lawyer/client confidence. And how serious of an infraction is this in a landlord tenant situation? When I communicate with my landlord, of course I send a copy to the lawyer, but am I wrong for also sending a copy to a trusted friend?
A: Any information you share with someone other than your attorney is no longer protected information under the attorney-client privilege. It's not really an infraction, it just means that information isn't confidential. A letter to your landlord wasn't protected to begin with.
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A:
Sharing your correspondence with your lawyer, even when you copy other individuals, does not typically break lawyer-client confidentiality. The privilege protects communications between you and your lawyer, but it doesn’t mean you can’t inform your lawyer about exchanges you have with others, such as your landlord. It’s common for clients to keep their lawyers in the loop by sharing emails or documents.
However, copying a third party who isn’t involved in your legal representation (like a friend) can complicate matters. Including non-legal individuals on these emails may risk waiving confidentiality, because once a third party who isn’t part of the legal team is added, the communication may no longer be considered private. This could potentially affect how protected those communications are.
In a landlord-tenant situation, this may not be a critical issue unless a legal dispute arises and those communications become evidence. To be safe, it’s best to communicate separately with your lawyer and avoid including others unless necessary. This way, you maintain the strongest protection of your communications.
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