Re: Email Disclaimers...Legally Liable ifbreached?

[<full-disclosure () hushmail com>]

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VLADIS YOU ARE NOT LAWYER!

SHUT UP VLADIS!

On Thu, 11 Oct 2007 13:52:08 -0400 Valdis.Kletnieks () vt edu wrote:
> On Thu, 11 Oct 2007 12:38:02 +1000, Kelly Robinson said:
>
> > specific examples at the moment) I am wondering if Disclaimers
> can be
> > referenced in a courtroom in a client's defence and if not, is
> it specificly
>
> There is one place that the "This message may contain privileged
> information"
> variety of disclaimer has a purpose.  If the addressee has an
> ongoing relationship
> with the sender, that involves info that actually *is* privileged,
> it provides
> an "out" if a blanket subpoena shows up for some e-discovery
> purpose - they
> may be able to get *some* of the e-mails, but not privileged ones.
>
> Of course, some half-wits then go and splat it on *all* their mail
> - but that
> most likely constitutes "over-warning" - if it was *only* on the
> relevant e-mail,
> then seeing one in a pile of subpoena'ed mail would be an
> automatic flag to
> treat it as "disclosed erroneously".  But if it's on all of them,
> it loses its
> warning value.
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