E-mail and voice mail messages, internet use and communication and computer files are considered part of the company’s business and client records. Such communications are not to be considered private or personal to any individual employee.Compared to Google's TOS:
By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.Google notes that this right is for the sole purpose of proving the Services. However, that is not much of a limiting factor. Google uses this right primarily to direct ads to its users. But I don't see anything in the TOS that limits them to this behavior. Although Sengart and the Google TOS situations are not entirely similar, they share that core issue of giving property rights to content to a third party in exchange for the use of the technology. The one key difference with Sengart is that the client is the one who compromised the ownership of the content. Frankly, it's the client's right to do this since it's their content. But even in that situation, a lawyer would be wise to warn clients about using email in such a way that privilege is compromised. The legal profession holds itself out as having higher duties of care when it comes to securing client information. I suggest that using free email services with a TOS like Googles' runs counter to this professional responsibility.