Weekly Law Resume - February 3, 2011: Discovery: Attorney-Client Communications


Holmes v Petrovich Development Company, LLC Court of Appeal, Third District (January 13, 2011)

Typically, communications between a person and their lawyer are protected by the Attorney-Client privilege, even if they are sent by e-mail and may erroneously reach the wrong hands. This case considered a claim of privilege by an employee using her employer's e-mail system to consult with her attorney.

Gina Holmes was hired as an executive assistant to Paul Petrovich in early June of 2004. The employee handbook which Holmes admitted having read indicated that the company's computers were for company business only, that employees were prohibited from sending personal e-mails, that they had no right of privacy with regard to the communication system, and that the employer may inspect all files to confirm compliance with the policy and would periodically monitor the system and computers for compliance.

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