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Case 18-2868, Document 287, 08/09/2019, 2628251, Page73 of 76 Though a statement made to a non-party may be privileged, the pre-litigation privilege does not apply here because the Press Release cannot be considered a “statement[] made by [an] attorney.” Front, 28 N.E.3d at 16. Whether Maxwell’s attorney, Barden, had a hand in drafting the Press Release, and the extent to which he may have been involved, is a disputed issue of fact. The record evidence establishes that, regardless, the Press Release is properly attributable to Maxwell. Maxwell retained a public relations firm and sent her representative there, Gow, a forwarded email with the statements that were to be used in the Press Release. Maxwell instructed Gow to send it, as he testified in his deposition. While Maxwell herself did not disseminate the email to the media recipients, neither did Barden. The statement was sent out by Gow. Additionally, the alleged defamatory statements in the Press Release were attributed to Maxwell, and not to her attorney or his agents. The email stated that the Press Release was a “statement on behalf of” Maxwell and notified the media recipients that “[n]o further communication will be provided by her [Maxwell] on this matter.” There is no evidence in the email 73