Marina Stengart v. Loving Care Agency, Inc. (A-16-09) 3-30-10
Under the circumstances, Stengart could reasonably
expect that e-mail communications with her lawyer
through her personal, password-protected, web-based
e-mail account would remain private, and that sending
and receiving them using a company laptop did not
eliminate the attorney-client privilege that protected
them. By reading e-mails that were at least arguably
privileged and failing to promptly notify Stengart
about them, Loving Care’s counsel violated RPC 4.4(b).
