Email to Attorney NOT Privileged

In Scott v. Beth Israel Medical Center Inc., No. 602736/06, 2007 N.Y. Misc. LEXIS 7114 (N.Y. Sup. Ct. N.Y. Cty Oct. 17, 2007), the court held that an employee's emails to his attorney, using the employer’s e-mail system, were not protected by attorney-client privilege or the work product doctrine under New York state law. The court concluded that the employer had an e-mail policy banning personal use, and that the employee had constructive notice that the employer had the right to monitor e-mails sent over its network.