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In order for attorney client privilege to attach generally there has to be some communication between the attorney and client. If your attorney isn?t aware of the envelope then it is kind of hard for privilege to attach. You also have to keep in mind if anyone else came across the letter and read it (girlfriend, friend, housekeeper or whatever) they could freely testify as to what was in it. The smartest thing to do as someone mentioned would be to leave the instructions with your attorney not in your home. The only case where that gets dicey is if the letter contains some information of ongoing illegal activity. Depending on rules of ethical conduct in your jurisdiction the Attorney may not be able to just ?sit? on it leaving as the best option to deliver it to your attorney sealed with specific instructions to only open it if you are in jail.
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