June 05, 2004
LAW: Fisking a Disclaimer
Jack Shafer fisks an email disclaimer. It's not really a fair fight.
I see his point - disclaimers on email messages are hardly ironclad legal protection - but any careful lawyer will tell you that you're better off trying. In some contexts, such as protection of the attorney-client privilege, courts will look at what steps you took to keep things confidential - and having a disclaimer, while hardly determinative, can't hurt. Granted, it's hard to argue that something a computer stamps on every outgoing message is an indicia of the privileged nature of the contents, but it's at least a sign that you are notifying an inadvertent recipient that this could be sensitive stuff they should give back.
Posted by Baseball Crank at
12:16 AM
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