January 15, 2013

New Limits on Counsel’s Review of Employee Email Communications

I've had an article published in The Business Lawyer, a publication of the Corporate Counsel Section of the North Carolina Bar Association, regarding limits on a lawyer's ability to access and review the email messages of a client's employee.  Here's an excerpt:

"We all know there are limitations on the discoverability and admissibility of attorney-client email communications, but under an ethics opinion recently adopted by the North Carolina State Bar, there may now be an additional consideration—whether obtaining or reviewing employee email messages amounts to a breach of a lawyer’s professional responsibility that could result in disciplinary action."

You can read the full article here

Thanks to my colleague Grant Osborne for his great work on this piece!

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