2003-05 Further Clarification on the Attorney-Client Privilege

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........ Lincoln S.T. Ashida Harry Kim �� '' Corporation Counsel �,I�i;,., Mayor ' Gerald Takase Assistant Corporation 'TE b.'N�" Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622 October 23, 2003 MEMORANDUM 2003-5 TO: OFFICE OF THE MAYOR HAWAII COUNTY COUNCIL ALL DEPARTMENT HEADS ALL BOARDS AND COMMISSIONS FROM: LINCOLN S. T. ASHIDA Corporation Counsel RE: Further Clarification on the Attorney-Client Privilege A concerned individual questioned our advisory 2003-3 (August 11, 2003), concerning the attorney-client privilege (attached). In our August 2003 advisory, we stated: Only "confidential communications made for the purpose of facilitating the rendition of professional legal services to the client" are covered by the privilege. Note that "professional legal services to the client' means just that. The communication must be related to our work for the County in order for the privilege to apply. Later in the August 2003 advisory, in discussing e-mail communications, we stated: The advent and prevalent use of e-mail presents other issues of concern. Our clients often communicate with us via e-mail, and our attorneys often dispense advice or recommendations using this means. All e-mail communication should be regarded as privileged and confidential.