Question

An employee of Conglomerate Corporation retained an attorney to advise her about a potential claim against her employer. Like most corporate employees, this client has a cubicle workstation with a computer assigned for her exclusive use at work. Conglomerate Corporation's written internal policy states that the company has a right of access to all employees' computers and e-mail files, including those relating to employees' personal matters. Nevertheless, all the employees sometimes use of their computers for personal matters, and most send some personal e-mail messages, whether from their personal or office e-mail accounts. The attorney expects that the employee will sometimes use her computer at work to communicate with the lawyer. Does the attorney have an affirmative ethical duty to warn the employee about the risks this practice entails?

Answer 1

The attorney has an ethical duty to warn the employee of Conglomerate Corporation about the risks of using work computers for communication related to a legal case, due to the employer's policy of accessing all computers and email files.

Step-by-step explanation:

An employee of Conglomerate Corporation has sought legal advice regarding a potential claim against their employer. As the company's policy grants it access to all computers and email files, personal or otherwise, there is a concern about confidentiality when the employee uses her work computer for communicating with the attorney. The attorney is aware that the employee might use her workstation to communicate about the case.

Considering the implications of Glasser v. United States (1942) on the Right to an Attorney and the expectation of client-attorney privilege, it would be within the bounds of ethical practice for the attorney to warn the client about the risks of using workplace resources for communication on the matter. Moreover, contemporary legislation on employee rights suggests the importance of confidentiality for any complaints or claims made against an employer. Given this context and the potential for the employer to access communication, the attorney has an affirmative ethical duty to inform the employee of the potential risks involved in using work devices for personal matters, especially when it pertains to a legal case against the employer.