Scott v Beth Israel Med. Ctr. Inc.
2007 NY Slip Op 27429 (October 17, 2007)
Supreme Court, New York County
Ramos, J.
Dr. Scott argues that the e-mails are privileged under both the attorney client privilege and work product doctrine. BI counters that the e-mails were never protected by the attorney client privilege because Dr. Scott could not have made the communication in confidence when using BI's e-mail system in violation of BI's e-mail policy. BI also argues that both privileges were waived by Dr. Scott's use of BI's e-mail system.
BI wins.
This raises some very interesting questions - - such as, whether the same result would obtain when the employer is not also the defendant in the lawsuit (as is the case here). Let's say, for example, that Dr. Scott had sued his former employer, Hospital Z, or vice versa. Could Hospital Z discover all of Dr. Scott's e-mails to his lawyer concerning the suit that had been sent on BI's system?