Attorney Client Privilege and Confidentiality

Attorney-client privilege is a legal protection that applies to communications between the University Counsel and Central employees when those communications are made for the purpose of seeking or providing legal advice to the university. This privilege ensures that such communications cannot be disclosed to third parties without the university’s consent. It is important to note that the privilege belongs to the institution—not the individual—and applies only when the University Counsel is acting in their legal advisory capacity. Communications that involve general policy guidance, administrative matters, or are shared outside the intended legal context may not be protected by privilege. Further, attorney-client privilege can be waived if the privileged communications is shared with others who do not need to know the information. This waiver can happen if the disclosure or sharing is intentional or unintentional.

Confidentiality, while related, is distinct from privilege. Confidential communications may include sensitive information that is not necessarily protected by legal privilege but still requires discretion. For example, communications involving regulatory compliance, civil rights oversight, or data privacy may be confidential but not privileged unless they are specifically legal in nature. Confidentiality obligations stem from ethical standards and institutional policy, whereas privilege is a legal doctrine with enforceable protections.

Tips for Protecting Privileged Communications

To ensure your communications with the University Attorney are protected to the fullest extent:

• Clearly identify the purpose of your communication as seeking legal advice on behalf of the university.
• Limit distribution of emails or documents to only those who need to be involved in the legal matter.
• Avoid forwarding or sharing privileged communications outside the university or with individuals not directly involved.
• Use official university channels (e.g., your CCSU email account) when communicating with University Counsel.
• Label documents appropriately, using terms like “Privileged and Confidential – Attorney-Client Communication” when applicable.

If you are unsure whether a communication is privileged or confidential, err on the side of caution and consult the Office of University Counsel before sharing or disclosing the information.