Does an Email Have Legal Privilege in Texas?

The issue of what is and isn’t privileged between a lawyer and a client is covered by many opinions. In Texas, the issue of privilege is covered under the Texas Rules of Evidence. Law makers have made it quite clear about email privilege.  This document addresses examination of evidence for law officials and trials in Texas.

Texas Rules of Evidence

The Texas Rules of Evidence cover all stages of all actions, cases, and proceedings in Texas. The issue of legal privilege for emails falls under Rule 503(5). It states, “A communication is confidential if not intended to be disclosed to third persons other than those to whom the disclosure is made in furtherance in the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.”

Further, Section 1001 (Ibid) states, “Writings and recordings… set down by… magnetic impulse, mechanical or electronic recording, or other form of data compilation” have legal privilege.

Short Answer to the Question

The answer is: Emails have legal privilege if written between a lawyer and a client or between members of the legal team representing the client.

A Word of Caution

Emails sent to family, friends, or others don’t have legal privilege. A word of caution in this regard. Don’t send correspondence, including Emails, between yourself and the legal team to anyone with whom you may have an emotional desire to discuss your situation.

Emotional Desire

Emotional Desire is when you have that unbridled desire to talk to your friends or others about what is happening to you. You want to justify your innocence. You want them to understand. The first thing you have to remember is anything you say or do can be used against you in a court of law.

What to Do?

If you find yourself in trouble with the law and need good, reliable legal advice, turn to Mark Barber, Attorney at Law, Wichita Falls, Texas. Mark provides a range of services including:

  • Family Law – Mark has practiced as a Family Law Attorney for many years, and has an excellent record for helping his clients reach their objectives.
  • Divorce Proceedings – Mark has the experience to be considered an expert as a divorce attorney.
  • Driving Under the Influence – If you’ve been charged with drinking and driving, Mark Barber will provide the best legal advice and work aggressively to protect your interests.
  • Criminal Law – Have you been charged with a crime? Mark Barber is a well-respected Criminal Defense Lawyer. He really cares about you.


Call Mark Barber, Attorney at Law when you run into trouble with the law and need a reliable criminal attorney. Mark will guide you when you have a family law issue or are looking for an excellent divorce lawyer. If you’ve been charged with Driving Under the Influence (DUI / DWI) contact Mark. Call at (940) 761 3009 or go to the Mark Barber, Attorney at Law website by Clicking Here.

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