Google Admits Gmail Not Private: Can Any Lawyer Use Gmail For Confidential Communications?

Google’s recent admission that no one sending communications to a Gmail account has any reasonable expectation of privacy raises the question whether a doctor, lawyer, accountant or any other professional charged with the duty of maintaining client confidentiality can ethically send confidential information through a Gmail account.

The Texas rules of ethics for lawyers imposes a duty to take steps necessary to maintain the confidentiality of certain client information. If an email service provider such as Google freely admits that communications via their service are not private then it stands to reason that any professional who sends information via Gmail may be waiving any privileges that would otherwise attach to information sent via Gmail.

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