In Holmes v. Petrovich Development Co., 2011 Daily Journal D.A.R. 671, Holmes sued her employer for pregnancy-related discrimination and harassment.  At trial, the employer sought to use e-mails Holmes sent to her lawyer via a work computer to demonstrate she did not suffer emotional distress.  Holmes objected, citing Evidence Code section 917, which provides that a communication delivered by electronic means does not lose its privileged character.  The Third District Court of Appeal affirmed the trial court’s holding that Holmes waived the privilege by using her work computer to communicate with her lawyer.  Section 917 is inapplicable where the employer owns the electronic means used; the employer advises the employee that such communications are not private and may be monitored; and the employee is aware and agrees to these conditions.  The Court of Appeal concluded that sending e-mails regarding one’s employment to a lawyer who is suing the employer is akin to consulting with the lawyer in one of the employer’s conference rooms, in a loud voice, with the door open.