Employees' Use of Employer Computers to Communicate with Their Own Attorneys and the Attorney-Client Privilege

Authors

• John Gergacz, University of Kansas

Abstract

This article will analyze the balance between privilege and confidentiality in the electronic age. Three scenarios will be discussed: first, whether the mere use of employer-technology affects the employee's privilege claim; second, how an employer's no-personal-use policy may defeat an employee's confidentiality expectation and undermine the privilege claim; and third, whether encrypting those messages nullifies the effect of the employer's policy.

Recommended Citation

John Gergacz, Employees' Use of Employer Computers to Communicate with Their Own Attorneys and the Attorney-Client Privilege, 10 Computer L. Rev. & Tech. J. 269 (2006)