By Cameron G. Shilling (originally published 5/27/2011)
Courts in New York, California, Florida, Texas, Arizona, New Jersey and Idaho recently ruled that an employee waived his or her right to privacy with respect to attorney-client email communications that took place via an employer-owned email account. As a result, the American Bar Association (ABA) issued a formal ethics opinion stating that lawyers must warn clients in such circumstances that their communications are not confidential. The ABA opinion states as follows:
