Even sillier disclaimers (was Re: [Mimedefang] defang startup errors)

Ron Wilhoite ronw at bals.org
Sun Dec 11 21:10:35 EST 2005


Joseph Brennan wrote:
> 
> Sadly, I've even seen mail from law firms advising me, in effect, that if
> they have broken attorney-client privilege by sending me mail, it is now
> somehow my problem.
> 

This has become a risk management checkbox item ("Told client to add 
confidentiality/privilege waiver to all email, etc.").

On the off chance it helps someone else stop this inanity in their 
organization, I pass this along. I have (so far) stopped our firm from 
implementing just such a recommendation. I suggested that we also 
include a (stupid) disclaimer on all paper mail. Hey, paper mail can 
contain confidential information and be mis-addressed, copied, 
forwarded, etc. People assume faxes and emails need these, but paper 
letters don't. No one has come up with a good reason to treat paper 
differently, but no one wants to add disclaimers to all their letters, 
so this recommendation may wither on the vine (as it should).

Ron Wilhoite



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