Attorney-Client Privilege Goes Away If You Email Your Lawyer From Your Work Email

from the not-a-huge-surprise dept

It probably goes without saying that if you're planning to sue your employer, you shouldn't use your work email address to contact your lawyer. However, if you did do that, according to a California court, that email is not protected by attorney-client privilege. I don't find this to be all that surprising (or really, problematic). It's quite common that employers control the rights to your work emails, so it's hard to see why that wouldn't extend to emails you send your lawyer. All it really makes me wonder is why someone would use their work email for sending those types of emails.

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  1. icon
    Doug D (profile), 20 Jan 2011 @ 7:48am

    Re: Re: Well...

    If you read your employee handbook I'll be willing to bet there's very specific information stating how they retain the right to read all Emails and there is no expectation of privacy. And of the last 6 companies that I supported as an admin, 4 of them did active/passive monitoring of all Emails. I've yet to see a company that doesn't clearly document their ownership of anything you send out via their Email.

    Internet is more of a mixed boat but it's always better to err on the side of safety and assume they're watching that too.

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