The New Jersey Supreme Court recently handed down an important ruling that properly upheld the attorney-client privilege. It also considered whether to disqualify the attorneys, who violated the privilege, from continuing to represent the defendant. It seems clear that the attorneys should be disqualified.
In Stengart v. Loving Care Agency , the plaintiff accused her former employer of violating the Law Against Discrimination. Before resigning, she used her company computer, on company time, to e-mail her attorney about her “working conditions and anticipated lawsuit against Loving Care.” After the suit was filed, these e-mails were retrieved from the hard drive by a computer forensic expert, hired by the employer, and reviewed by the employer’s lawyers who, months later, refused the plaintiff’s request for their return.
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