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Don't E-mail your (Personal) Lawyer From Work

October 29, 2007

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<a href="http://www.courts.state.ny.us/reporter/3dseries/2007/2007_27429.htm">http://www.courts.state.ny.us/reporter/3dseries/2007/2007_27429.htm</a>

Dr. Scott recently learned this lesson, as you can see in the attached decision. He sued Beth Israel hospital and later asked for the return of any e-mail he previously sent to his attorney using Beth Israel's system.

But a trial-level court in New York held that in an employment action, e-mails between a former employee and his attorney using his former employer's e-mail service were not shielded by attorney-client privilege based on the terms of the employer's e-mail policy.

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