Don't Talk To Your Attorney In A Loud Voice In Your Employer's Conference Room OR Use The Employer's E-Mail System Either.
A California Court has held that an employee's use of her employer's e-mail system to
communicate with her attorney about a law suit against such employer waived attorney-client privilege and allowed discovery of such e-mails and the introduction of such at trial. Holmes vs. Petrovich Development Company LLC et al, Superior Court No. 05AS04356
The Court held that the employee was not entitled to the privilege because "(1) she had been told of the company’s policy that its computers were to be used only for company business and that employees were prohibited from using them to send or receive personal e-mail, (2) she had been warned that the company would monitor its computers for compliance with this company policy and thus might “inspect all files and messages . . . at any time,” and (3) she had been explicitly advised that employees using company computers to create or maintain personal information or messages “have no right of privacy with respect to that information or message.”
Lessons to be learned: Attorneys, tell your clients not to use the company e-mail especially if they are about a potential suit against the company. It just makes the discovery process easier for the company.