Be Careful With Those E-mails
Kegler Brown Construction Newsletter October 1, 2012
Too often people put thoughts into e-mails without thinking through the legal implications of such electronic evidence. Here are the author’s “Top Ten” E-mail Rules to Remember:
- Do not type something that you do not want a Judge or Jury to read.
- Do not make snide or pithy comments that belittle others.
- Do not press “send” on a controversial or emotional subject without waiting overnight to see if the tone of the e-mail should be softened.
- Do not feel that an immediate reply is required without adequate reflection.
- Do not forget spellcheck as poor spelling or grammar suggests an unprofessional response or organization.
- Do not forget to copy those required by contract or good judgment that should also receive notice.
- Do not hesitate to inform the reader what action will, or will not, be taken absent a prompt response to the contrary.
- Do not hesitate to copy your lawyer on e-mails dealing with legal issues and decision-making to try to preserve the attorney-client privilege.
- Do not speculate about things that you do not know.
- Do not forget that e-mail is not private and is evidence that cannot be erased or destroyed.