Do NOT send email to your attorney from your work account.

The Sacramento Third Appellate District court has ruled that emails sent from your work account to your attorney are not subject to traditional attorney-client privilege.

Normally, communications between a client and his or her attorney is held in the strictest of confidence and is not subject to disclosure under most circumstances.

The 3-0 decision Thursday by the Sacramento Third Appellate District means that if you intend to sue your employer, don’t discuss the suit with an attorney using company e-mail. The company has a right to access it, review it and use it against you in court.

“… [T]he e-mails sent via company computer under the circumstances of this case were akin to consulting her lawyer in her employer’s conference room, in a loud voice, with the door open, so that any reasonable person would expect that their discussion of her complaints about her employer would be overheard,” the court wrote.


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