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  • Thomas Walsh, on June 9th, 2008 at 6:01 pm said:

    Thank you for the well reasoned article. As a solo attorney, I have the luxury of not commuincating with my coworkers by email or relying on a legal assistant to get emails out and routed incorrectly. I don’t have to worry about sending confidential information by email and thus, I do not use any disclaimer language at the end of them. I often get annoyed that other attorneys seem to include disclaimers in every email — even for lunch dates. Additionally, I have to suspect the thinking of placing the language at the end of an email when I have already likely read enough to make the decision that the information is confidential. Even if the information itself is never allowed into evidence, that knowledge alone can be helpful. This language is akin to placing more safety equipment on automobiles and not training drivers to be better and more focused. It functions as a crutch that one could rely on and then become complacent with its’ use — substituting automation with reasoned and sound judgement.

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