Court Holds Attorney-Client Privilege Doesn’t Cover Messages Sent From Client’s Work E-Mail

A recent Supreme Court of New York decision has held that e-mails between an employee and his attorneys sent using the employer's e-mail system are not privileged. The decision in Scott v. Beth Israel Medical Center, Inc. 2007 N.Y. Misc. LEXIS 7114 (Oct. 17, 2007), may, if left standing, call into serious question the wisdom of using a healthcare employer's e-mail system by employees seeking to send privileged or otherwise sensitive communications.

The Scott decision arose from an underlying breach of contract dispute. The plaintiff, Dr. W. Norman Scott (physician for the New York Knicks until 2005), had been named chairman of the hospital's Department of Orthopedics in 1998. He was terminated from his employment with Beth Israel (BI) in 2004. Dr. Scott's contract stated that he was entitled to $14 million in severance pay if his termination was without cause. BI refused, contending that he was, in fact, terminated for cause. Dr. Scott brought suit alleging breach of