We have written on the issues that arise when employees use their work computer for personal business. In that blog article, we referred to a California case in which an appellate court ruled that an employee’s emails to her attorney were not protected by the attorney-client privilege because the company had a written policy that informed employees that computers were not to be used for personal matters, that emails could be monitored to ensure that employees complied with the policy, and that employees should not expect any privacy in the use of their computers.

In local news, former Delegate Phil Hamilton raised a “marital privilege” objection to the use at trial of emails he sent to his wife. Certain communications to and from a spouse can be protected from disclosure. There were complicating factors to this case’s analysis.

Continue reading “Emails from work computer can waive rights to privileged communications”

The 2-Minute Drill

We continue to warn about the dangers of email scams, safe emailing, and protecting the attorney-client privilege. Here are a few more reasons why.

1.  In this litigation, in-house counsel for defendant received inadvertent emails from plaintiffs. In-house counsel passed them onto attorneys representing the defendant. The court ruled that act tainted the defendant’s attorneys and ordered them replaced.

2. Mom’s children shared an email account with mom. Mom communicated with her attorneys on that account. Court said that sharing waived her attorney-client privilege.

3. Finally, in what seems a nonsensical decision, a man suspected his wife of an affair. On their shared laptop, he logged into her Google gmail account and found, what he considered incriminating evidence. He turned over the emails. Now he is being prosecuted under an anti-hacking statute.