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. identicon
    Jesse, 19 Jan 2011 @ 8:10pm

    Sure I guess it kind of makes sense. But then employees technically own their restrooms right? They should probably be monitoring those too.

    Or what if employers provide housing for employees. Then employees probably don't need any privacy there.

    I'm not necessarily disagreeing with you Mike, but I hesitate to say that the fact that it's provided by the employer is what determines whether the employee should have to forfeit privacy.

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