Legal Question in Technology Law in California

Does a former employee (law clerk who hadn't passed bar exam yet) who checks her former bosses emails, although she previously had consent to read his emails, violate Cal. Penal Code Section 502 and 18 U.S.C. 2701 if said permission was revoked after termination of employment? Did said conduct also constitute an actionable invasion of privacy? FInally, if law clerk passes this last bar exam, has she also violated any CA Rules of Professional conduct?


Asked on 3/22/10, 7:26 pm

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Taking the three questions in turn, my offhand reactions are (1) yes; (2) maybe, but the nature of the information, if any, accessed may be a factor; and (3) probably not, because a person who has passed the bar becomes a lawyer only upon being sworn in.

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Answered on 3/27/10, 9:16 pm
Gordon Firemark Law Offices of Gordon P. Firemark

1. Yes

2. Yes

3. Perhaps not, as Mr. Whipple states, but it COULD be construed as an act of moral turpitude sufficient to prevent admission to the bar.

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Answered on 3/27/10, 9:28 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

1. Yes

2. Yes

3. Since a violation of PC 502 is a felony crime of moral turpitude, its violation could prevent an applicant's admission, or could subject an attorney to State Bar discipline, including involuntary inactive enrollment upon arrest. I doubt Your Friend will actually be prosecuted or disciplined on the facts you've given, but after she passes the bar there will be far greater ethical temptations that await. Computer intrusions leave trails that facilitate their detection and prosecution.

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Answered on 3/27/10, 10:15 pm


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