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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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Im charged with a Felony case. How can I protect the discussions

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I'm charged with a Felony case. How can I protect the discussions I have with my attorney via email or text message?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Are you still under surveilance by law enforcement?
Customer: replied 3 years ago.

I'm not sure if I am or not, but just in case I wanted to protect myself

Dear Al,

Thank you for your follow up.

Basically, the only way to really protect yourself is only discuss the details of your case with your lawyer in person and not over the phone or emails.

Even though some lawyers place disclaimers in their emails that an email is "Attorney-Client" communication, it would still not prevent law enforcement from intercepting it, with a valid court order, but might prevent the law enforcement from using such intecepted attorney-client communications as evidence at trial.

I wish you the best of luck!
Customer: replied 3 years ago.

so pretty much by adding "Attorney-Client" to the beginning of my text or email messages with prevent the material to be used against me? And that's all it has to say is "Attorney-Client"?

Dear Al,

It might prevent the use of any communications that are marked as attorney-client communications, but there is no guarantee that such disclaimer will prevent prosecutors from using such communications at trial, so the best option is not to discuss details of the case by an email or phone and only discuss the case during an in-person meetings.

I wish you the best of luck!
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