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

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.