Does Gmail Force A Waiver of the Attorney-Client Privilege?

Watch the Frontline program about Google and NSA then ask yourself how Gmail doesn’t violate attorney client privilege

Music Technology Policy

We’ve all seen lawyer email signature blocks get longer and longer.  Lots of disclaimers about a variety of subjects, but in light of the Google involvement with the National Security Agency and the use of the “third party doctrine“, one disclaimer caught my attention in the email signature of an attorney who does not use Gmail:

Given the uncertainty about the privacy of Google Mail, we recommend that you do not communicate with us by means of a “gmail” account. Visitors to our offices may not bring listening or recording devices such as Google Glass onto the premises, or wear Google Glass at outside meetings.

Both these disclaimers are getting at the same issue:  An attorney’s obligation to preserve the confidentiality of client data, including privileged communications.  The disclaimer calls out the “privacy of Google Mail” aka “Gmail” and it is the combination of Google’s privacy policies and…

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