Conversations held in the presence of any third party, let alone one representing the government, would constitute a waiver of privilege.
Previously on 3Geeks (and perhaps too many times) we have tackled the subject of the use of free email services and how that waives privilege. But now the NSA has upped the ante on the topic, basically spreading it to all email.
Unless you live under a rock with no wifi, you will be aware that the NSA is tracking global email communications and storing them in Utah (a nice place to visit). So, as a lawyer should you now expect that a government agency is obtaining copies of all of your confidential client communications? If so, you might want to ....
Oh never mind. If we actually took this rule seriously, all lawyers would be encrypting their email communications. And we know they are not and no one is asking them to do so.
I withdraw the statement.