Condo boards often turn to attorneys to help them address conflict, interpret their governing documents and understand their rights and responsibilities in managing their associations. Boards are granted what is known as attorney-client privilege in their communication with their attorneys. This means that information between attorneys and their clients is confidential and not shared with third parties. This privilege allows clients to speak freely with their attorney without risk of disclosure by the attorney.
Much of the communication between board members and their attorneys is conducted via email, which can be a convenient way to share information. When it comes to emails between attorneys and a condo board, however, attorney-client privilege can be compromised when emails are shared with outside parties.
Privilege can be destroyed if given to a third party. Therefore, if communication is happening via email, attorney-client privilege can be destroyed if the email is directly forwarded to a third party.
Learn why boards should think twice before sharing emails and how attorney-client privilege can be preserved here.