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Employee Email and the Attorney-Client Privilege

Daniel Lublin | Nov 08, 2007

When speaking with your attorney, you might want to reconsider using your work email.

Amongst other issues, problems arise because workplace emails are often monitored or stored on a company server and can theoretically, be accessed by a third party (your employer) at anytime.

Please see this article from law.com on this burgeoning subject. It is very informative and  includes the following 4 step tool to measure privacy expectations at your workplace;

  1. Does the company maintain a policy that bans personal or other objectionable use of its e-mail system?
  2. Does the company monitor the use of the employee’s computer or e-mail?
  3. Do third parties have a right of access to the computer or e-mails?
  4. Did the company notify the employee or was the employee aware of the use and monitoring policies?

If you answered yes to any of the above questions, you might want to consider calling your lawyer next time  you need to speak with him or her.