Brenda & Alan Fishbein

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Do Not Use a Company Computer for Personal Business

DFields@fishbeinpa.com,   Corporate Law, Family Law   Leave a Comment

It is imperative that if you are involved in a divorce case or a personal injury case that you not communicate with your spouse, friends, relatives or with any other third parties about the issues relating to your personal life on your office computer. This concept also applies to communication with your attorney. Ordinarily communications with an attorney are privileged under Maryland law. However, if the communication is done by a company computer, a subpoena can be served on your employer to obtain your otherwise privileged documents because they appear on the company’s computer. Similarly when you meet with your attorney, you must do so without other parties present. If other parties are present and an attorney privileged communication is made by you to your attorney or by your attorney to you, there is no attorney client privilege because a third party has been present who is not a party to the attorney client privilege. Therefore, it is imperative if you wish to communicate with your attorney that you do so on a computer that is owned by you. In addition it is very important that you not divulge information given to you by your attorney in e mails to friends or relative because your friends or relatives may be compelled to provide copies of the emails and/or text which would in effect open your attorney’s advice to your spouse and your spouse’s attorney.

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