01/29/2010 01:59:00 AM EST
Vespole on Employee E-Mails through Personal Email Account Protected by Attorney-Client Privilege
What should an attorney do if, in the course of forensic preservation of electronic discovery for a pending lawsuit, communications between a former employee and his attorney regarding the very same lawsuit are discovered? According to Stengart, regardless of the existence or specific text of a published electronic communications policy, such communications will almost always be protected by the attorney-client privilege.
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