Wednesday January 19, 2011

Work E-Mail Not Protected by Attorney-Client Privilege

A California court of appeals has ruled that you have no attorney-client privilege if you e-mail your lawyer from a work computer. I see where they are coming from but this explanation doesn't make sense at all, does it?

[T]he e-mails sent via company computer under the circumstances of this case were akin to consulting her lawyer in her employer’s conference room, in a loud voice, with the door open, so that any reasonable person would expect that their discussion of her complaints about her employer would be overheard," (.pdf) the court wrote.

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