Becoming Our Best
The E-Mail Legal Pitfall
Recently I was speaking with Walt, a young attorney who does legal research for his firm. As we talked about his work, the subject of e-mails as a rich source of extremely damaging lawsuit information came to light.
Imagine this scenario: A father is very involved in fighting a lawsuit instigated by someone bent on destroying him and/or his business. Ordinarily his personal e-mails are off-limits as evidence in this kind of legal action. However, if the father sends a personal e-mail to one of his grown children discussing the lawsuit, the door is now open to bring all the father’s personal e-mails into the case as possible sources of evidence against him and his business.
Scary! A few carelessly written e-mails may be just what the opponents need to win their case against the father. This is one more pointed reminder about taking care in writing and then editing e-mails. Some strategies you and your team can use are:
• Remember when writing your e-mail that it may someday be used by someone bent on your destruction.
• Use accepted standards of sentence structure and spelling so that you look as intelligent as you are.
• Re-read what you have written from the viewpoint of someone who doesn’t understand very well, or wants to use the information against you. Then re-write for complete clarity.
• If involved in a lawsuit, don’t discuss it via e-mail with anyone other than your attorney, or another authorized person.
• E-mails never die. They are always available to someone else who is determined to find and use them.
• Everything discussed here also pertains to Text Messages, Tweets and any other electronic medium of communication.
The most secure discussion about a sensitive legal matter is an in-person conversation. Usually a telephone call is also safe. But e-mail is another matter. Remind team members and yourself to use with caution.
Author: Bruce Johnsen Management Consultant:
824 Munras Ave Suite G
Monterey, CA 93940
831-373-5969
bruce@brucejohnsen.com
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