Posted: August 27th, 2015

Scott vs Beth Israel Medical Center.

Did Scott have a right to privacy in e-mails he sent to his lawyer using the BI system?
Which provision of the Electronic Communication Privacy Act applies to Scott’s e-mails?
Scott was e-mailing his lawyer, so the content of the e-mails should be privileged by the attorney-client privilege. Should that “trump” the employer’s right to monitor his e-mail?
What should Scott have done differently?

Now read the Stengart case below. After reading the case, answer the following question:
Both Scott and Stengart were e-mailing their lawyers, so the content of the e-mails should be protected by the attorney-client privilege. But the decisions reached opposite results. What is the legal reason for the difference?
Both Scott and Stengart were e-mailing their lawyers, so the content of the e-mails should be protected by the attorney-client privilege. But the decisions reached opposite results. What is the legal reason for the difference?

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