E-Mail’s Impact On Attorney-Client Privilege — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

E-Mail’s Impact On Attorney-Client Privilege

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Attorney-client privilege is a legal concept that protects communications between a client and his/her attorney by keeping those communications confidential.  If, however, the attorney-client communications are made within the presence of a third party, then, according to precedent, the attorney-client privilege is waived. 

What happens to attorney-client privilege when the communications between an attorney and his/her client — your employee — are sent from your company's computer system?  Has the employee waived attorney-client privilege, and can your company introduce those e-mails into evidence? 


Expectation Of Privacy In An Electronic Age

The principal issue in cases regarding attorney-client privilege for employee e-mails sent to/from work is whether or not the employee had a reasonable expectation of privacy for his/her personal e-mails and files on the company's computer system.  In a 2005 case, a New Y...(register to read more)

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