Conviction sustained: Husband's emails to wife weren't protected

, The National Law Journal


Rejecting a marital communication privilege argument, the U.S. Court of Appeals for the Fourth Circuit upheld the bribery conviction of a former member of the Virginia House of Delegates.

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What's being said

  • Avon

    It is common that someone "did not take any steps to protect the emails in question, even after he was on notice of his employer's policy permitting inspection of emails stored on the system at the employer's discretion."

    Just because people know inspection is possible doesn't mean they'd ever dream of it happening to them. Unfortunately, the law doesn't rely on dreams, only knowledge. Part of our duty as lawyers has to be - on every topic, not just confidentiality - to convey to clients how in critically important ways the law differs from life in the real world.

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