Baseball Crank
Covering the Front and Back Pages of the Newspaper
June 5, 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 | Law 2002-04 | Comments (0) | TrackBack (0)
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