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)