May 1, 2006
Horsehair Wigs and Warning Labels on law Firm E-mails
The example below illustrates how easy it is for good intentions to become just another form of horsehair wig for the profession.
Ed Poll reports the latest example in the legal community in E-Mail slides to the depths. It seems that the Missouri Bar requires lawyers to notify all recipients of e-mail as follows:
(1) e-mail communication is not a secure method of communication, (2) any e-mail that is sent to you or by you may be copied and held by various computers it passes through as it goes from sender to recipient, (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or my computer or even some computer unconnected to either of us which the e-mail passes through. I am communicating to you via e-mail because you have consented to receive communications via this medium. If you change your mind and want future communications to be sent in a different fashion, please advise me at once.
The above new warning is in addition to the following confidentially warning that firms already append to their e-mail.
The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message.
The combined warnings consist of 215 words or 1331 characters. The warnings are longer that the body of most e-mails. What about the law firm and client who are communicating using encrypted e-mail? Is the warning still required?
A few months back, November 17, 2005, I posted an article titled Cobbled by Rules Rooted in the Past. I suppose I should shorten that title to “Cobbled by Rules.” It is important to note that while US firms are being cobbled with new rules, the U.K. is progressively moving to liberate firms so that they may better compete in our modern global environment.
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Filed under Policies/ Procedures by Tom Collins