“…e-mails sent by Holmes to her attorney regarding possible legal action against defendants did not constitute “„confidential communication between client and lawyer‟” within the meaning of Evidence Code section 952. This is so because Holmes used a computer of defendant company to send the e-mails even though (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.”
This is one of the reasons why we encourage our clients to use our message system to communication with us. And communication with from a computer that they own and control, not their employer’s.
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