One of the “trending” topics in employment law circles and blogs revolves around employees communicating by e-mail with their lawyers while on the clock and the extent to which such communications may be privileged. Recent judicial decisions have been defining the appropriate means for employers to monitor employees’ computer and phone usage, including when an employer’s interception of attorney-client communications violates employees’ privacy.
On Aug. 4, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued two opinions that address attorneys’ ethical obligations concerning these issues based on an analysis of the ABA Model Rules of Professional Conduct.
