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Protecting Privilege Day to Day

·

By

ACL

The short answer

Privilege protects confidential communications, so sharing them outside the legal team can waive it. Small habits often cause the biggest problems.

Where it fits in your case

Throughout the matter, every time you communicate about it.

What to expect

  • Forwarding legal advice to business partners or others can waive privilege.

  • Work email on an employer’s system may not be confidential.

  • Third parties in meetings, including family members, can defeat privilege unless they are needed to help with the advice.

  • Labels. Marking an email “privileged” does not make it so.

  • Attachments are not privileged just because a lawyer received them.

  • Social media and AI tools. Posting about the case or entering case documents into public AI tools can risk waiver and confidentiality.

What we need from you

Use personal email and devices for legal communications, and ask before sharing advice with anyone.

Common misconceptions

  • “Marking it privileged protects it.” Content and context control.

  • “My spouse can sit in on meetings.” It can waive privilege.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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© 2026 Allison Cho Law LLC. All rights reserved.

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