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The Seven Deadly Sins of e-Mail

By Matthew T. Furton
October 01, 2003

We've all heard horror stories about e-mails that have become trial exhibits – blown up on giant placards or projected on a large screen in front of a jury. The earnest words your client typed in private suddenly take on unforeseen importance when, months or years later, a dispute develops and a trial is held. Like a major league pitcher who releases a hanging curveball to the reigning home-run champ, your client would probably like to “take back” an e-mail that bashes a client, admits incompetence or pitches pent-up emotions in a cathartic rage.

Too Late

The damage was done as soon as the send button was pressed. Copies of the future trial exhibit are lodged in an e-mail server, one or more inboxes, several back-up tapes and maybe even hard files. Discovery will bring the e-mail to the surface, and the spotlight of litigation will ensure the author never forgets the meaning of regret.

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