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"why we weren't allowed to use Gmail for legal clinic work." Since that time (I assume this was a while ago, i can't imagine it was recent since most of these
by DannyBee 13y ago
"why we weren't allowed to use Gmail for legal clinic work."
Since that time (I assume this was a while ago, i can't imagine it was recent since most of these schools now use hosted email providers), almost every single state has issued opinions stating that storing email with a cloud provider does not break privilege.
AFAIK nobody has cared much since New York's ethics opinion in 2008.
- andrewfong 13y agoNope, this was still the rule for Berkeley as of 2012. Since then though, they've been replacing Berkeley's prior system with a Google apps. I'm not sure if that changed anything. I should also note that there have been a couple of cases since 2008 where courts ruled that use of an employer's e-mail system broke privilege with respect to that employer. See, e.g., Holmes v. Petrovich, 191 Cal. App. 4th 1047 (Jan. 2011). It might be a stretch, but I could see someone trying to argue that Gmail use voided A/C privilege with respect to a lawsuit against Google.
- DannyBee 13y agoThere are also a lot of court cases the other way, and those cases were more about employment agreements, handbooks, and TOU, than they were about by general privilege breaking by using a cloud email provider.