HomeMy WebLinkAbout2003-05 Further Clarification on the Attorney-Client Privilege ........ 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.
The concerned individual questioned the use of the word all with respect to e-
mail communications in the above passage.
So there is no confusion as to what e-mail communications are covered by the
privilege, we wish to reaffirm that any e-mail related to our performance of
professional legal work for our County clients is considered confidential.
Although we believe our August 2003 advisory, when read comprehensively,
provided clarity with respect to covered e-mail communications, we regret if it
caused any confusion on the part of our clients.
Again, if you have any questions or concerns regarding this matter, we invite you
to contact our office.
Encl.
Departments/Corp Counsel/Advisory 2003-5 10-23-03/LSAmr
2