Be Careful With Those E-mails

Kegler Brown Construction Newsletter

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:

  1. Do not type something that you do not want a Judge or Jury to read.
  2. Do not make snide or pithy comments that belittle others.
  3. 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.
  4. Do not feel that an immediate reply is required without adequate reflection.
  5. Do not forget spellcheck as poor spelling or grammar suggests an unprofessional response or organization.
  6. Do not forget to copy those required by contract or good judgment that should also receive notice.
  7. Do not hesitate to inform the reader what action will, or will not, be taken absent a prompt response to the contrary.
  8. 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.
  9. Do not speculate about things that you do not know.
  10. Do not forget that e-mail is not private and is evidence that cannot be erased or destroyed.