October 2019 - Wyman Legal Solutions

Why you should NEVER send an email to your personal lawyer from your company email

It’s easy to think that everything you say to your lawyer via text, calls, and emails is private. However, that’s not always the case. Not all communications are secret, even if they are between a client and their attorney. This surprises many clients and causes them to self-sabotage their cases with leaks of information assumed to be confidential. Attorney-client privilege has many benefits, but also limits. These restrictions should, however, not hinder your case.

Attorney-client privilege only protects confidential communications between a lawyer and a client made for the purpose of obtaining legal advice or services. Inherent in this idea of confidentiality is that there must be a “reasonable expectation of privacy” to the communication.  You may not have a reasonable expectation of privacy when sending an email to your personal attorney on your employer’s email server.

If your employer has a policy permitting it access to all emails on its server (which, let’s face it, is every employer), Florida law concludes that a person has no reasonable expectation of privacy regarding what is in those emails.  Without a reasonable expectation of privacy, those emails can be obtained by your adversary and your adversary’s attorneys in your case.

Still learning the ins and outs of attorney-client privilege and the legalities of privacy? As experienced business and litigation attorneys, we have the knowledge and expertise to protect you and your privacy.