Lawyer-Client E-Mail Loses Privilege Over Employer's Facilities

Kudman Trachten Aloe partner Paul Aloe reports that  Scott v. Beth Israel Medical Center serves as a "stark" warning for professionals communicating with clients over electronic communications provided by employers. Although N.Y. CPLR 4548 provides that "[n]o communication otherwise privileged under this article shall lose its privileged character for the sole reason that it is communicated by electronic means or because persons necessary for the delivery or facilitation of such electronic communication may have access to the content of the communication," Judge Ramos held that e-mails between a lawyer and client enjoyed no privilege because the employer had a policy of prohibiting personal use of its e-mail, phone and fax systems and a policy that such communication could be viewed by the employer.