Post Process

Everything to do with E-discovery & ESI

NJ Case Blurb: Stengart; Privilege waived when message to attorney created on company computer

Posted by rjbiii on April 9, 2009

The question posited is whether communication between an employee and her attorney through a personal, password protected, web-based E-mail account, but made on the employer’s computer, using and over the employer’s server, during business hours, is protected by the attorney client privilege, given employer’s provisions governing use of electronic communications with company issued equipment, resources and time. The Court finds that when an employee has knowledge of the employer’s electronic communication policy which adequately warns that any and all internet use and communication conducted on the employer’s computer is not private to the employee and warns that E-mail and voice mail messages, internet use and communication and computer files are considered part of the company’s business and client records, such communications are not protected by such attorney client privilege and are then not to be considered private or personal to any individual employee.

Stengart v. Loving Care Agency, Inc., No. BER-L-858-08 (N.J. Super. Ct. Law Div., March 6, 2009).

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