Attorney-Client Emails: Not Always Privileged

December 5, 2013

In this issue:

Attorney-Client Emails: Not Always Privileged

Lawyers and their clients may have a nasty surprise in store if a party in litigation seeks to compel production of the emails between them, if the client uses an employer's corporate email account that is subject to monitoring by the employer. Depending on the circumstances, a court may hold that the attorney-client privilege does not protect these communications. And, if such communications are not protected, have they waived the privilege for all of their communications? Fortunately, there is an easy solution for those who are diligent.

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