In-House Counsel

Quote of the Day: E-mails and Bar Conversation

By Hanna

People send e-mails as though they were having conversations with someone in a barR. Scott Meece, global general counsel, senior vice president and secretary of CIBA Vision Corp  as quoted by the Fulton County Daily Report

The casual nature of e-mail banter is often a rich source of troublesome evidence.  To make matters even worse, forensic software can now be used to show edits that were made to the e-mails and reveal thought processes.  It thereby takes evidence to a new level.

Of course an e-mail, like any other business document, does not become “evidence” until there is a threat of litigation or until an actual suit has been filed.   Make sure your documents tell a story your company can be proud of by applying the 12 rules for avoiding smoking guns. 

In this day and age of electronic discovery where outsiders are able to scruitinize what you write and how you think thoughtful communications are more important than ever.   

Full post as published by Legal Literacy on November 13, 2007 (boomark / email).