Personal Use of Company Computers: Does Attorney-Client Privilege Still Apply?
There is an interesting article in the December 8, 2009 Legal Intelligencer regarding a claim that the attorney-client privilege is waived if a client uses an employer’s computer to exchange email with her attorney. It appears that the client was preparing to sue the employer and used her corporate laptop to exchange email with her attorney via a personal, password protected, web based email account. The employer apparently had a policy advising employees that their computer/email use would be monitored and that they had no expectation of privacy in this regard. The trial court found that the privilege did not protect the emails, but the intermediate appellate court reversed. The matter is now pending before the Supreme Court of New Jersey.
In cases where an attorney represents an individual, for example in a DUI, divorce, personal injury action, etc., it may be worth advising a client, preferably in the engagement letter, to refrain from using their employer’s computer for communications with you related to the representation to help ensure that the issue of waiver isn’t given a toehold.
For more information please contact our office.
Tags: Anthony T. Verwey, appellate court, attorney-client priviledge, communication, computer, computer policy, corporate laptop, Divorce, DUI, email, Legal Intelligencer, password protected, personal injury action, privilege, Supreme Court of New Jersey
