Well, they didn't actually use the word GMail. But in NYSBA Ethics Opinion 820 the committee said: "A lawyer may use an e-mail service provider that conducts computer scans of e-mails to generate computer advertising, where the e-mails are not reviewed by or provided to other individuals." I cannot believe I missed this one when it came out a year ago. More analysis is contained in Nerino Petro's Compujurist blog.
I love my Gmail account. As I've mentioned before, a Gmail account is great for managing your various e-mail subscription groups like Solosez or Lawtech. My friend Dan Coolidge has used a personal Yahoo account for years. Web-based e-mail accounts have their place and I am glad the NYSBA recognizes that a computer scan to produce context-related ads is not the same as someone reading your e-mail.