An Assistant United States Attorney who communicated with his private attorney via his government-provided e-mail address did not thereby waive his attorney-client privilege in the contents of the e-mail messages sent to his attorney, a district court ruled. The court concluded that the AUSA “reasonably expected” that his e-mails would remain confidential, because he asserted that he did not realize that his employer would be regularly accessing and saving e-mails sent from his account. The court noted that the Department of Justice had a policy that did not ban personal use of an employee's e-mail account.

Convertino v. United States Department of Justice, 2009 U.S. Dist. LEXIS 115050 (D. D.C. Dec. 10, 2009) Download PDF