Protecting against disclosure of privileged communications–particularly email communications–can present challenging issues for the criminally accused. Federal and state prosecutors may, for instance, obtain emails directly from service providers or obtain emails via a search warrant before one is formally charged. And in these situations, prohibiting prosecutors from reviewing privileged communications is problematic.
In their article, Sealing the Virtual Envelope: Protecting Attorney-Client Privileged Email in Criminal Investigations, lawyers Michele Adelman and Jennifer Behr identify and describe the salient issues and offer practical tips for protecting the privilege in the criminal-investigation setting.
The article, recently published in the Boston Bar Journal, may be accessed at this link. Thanks to Eric Fullerton and the Boston Bar Journal for permitting access to the article.