Law & Technology - No Article of the week. 3

On Sun, 28 December 2008, Article of the week , by Ernesto Belisario

Despite the festive period, continues the heading " Item of the week "dedicated to the most interesting view on the web pubbicato legal. Among the articles and posts these days I decided to report the study (in English) with two U.S. colleagues Janice MacAvoy and Ivan Espinoza-Madrigal by the catchy title " Think twice before clicking on Send! Practical considerations on the use of electronic mail . " The article begins with a phrase that I use often when I speak in public about the Internet (especially social networks):

Do not send an e-mail if I was not happy to see it published on the front page of a newspaper or anywhere on the Internet.

Email is now an essential tool in personal and business, allows us to communicate with friends, customers and colleagues so much more efficient than other means of communication, this same flexibility can still create a series of problems. Not only the content of electronic communications can easily be missed (resulting in increasingly contentious) but the risk is high that the correspondence is read by an entity other than the recipient is directed to. And 'that takes care of this Article, the dangers that can result from careless use of electronic mail to those who make professional use: reduction of efficiency, dissemination of confidential information, the impairment of relationships with customers.

The deepening of MacAvoy and Espinoza-Madrigal was inspired by a series of bad practice is popular and is full of references to cases actually occurred when a careless use of email has caused significant damage: lawyers who have violated the confidentiality, terminated employees for inappropriate e-mail, click on "reply all" which did end a private conversation on the front pages of major newspapers. These stories clearly demonstrate the importance of complying with some caution in the use of electronic mail (not only in the workplace). The article then contains a guide with ten practical tips to follow (and, perhaps, be included in company policy):

1. Adopt the necessary measures to protect sensitive information (such as passwords and encryption);
2. Expressly indicate whether the message contains confidential information (eg subject or with a disclaimer);
3. Write each e-mail with the same care that we in the writing of a traditional document (Opinion, Memorandum);
4. Check carefully before sending the email;
5. Do not be hasty in responding to messages received: no one remembers who responded immediately, everyone remembers who responds appropriately;
6. Store in a precise electronic correspondence;
7. Think if a call could be more appropriate;
8. Pay attention to the recipients (addresses checking and minimizing the use of "cc");
9. Enter the e-mail in the files of each client;
10. Respect the netiquette (eg. Not use emoticons).

These rules imposed by common sense, before it by legal and some might argue that it is discounted suggestions, maybe so, but it's easy to look into our mailbox to see how often, in their haste, many tend to forget Follow these simple steps.

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3 Responses to Law & Technology - No Article of the week. 3

  1. Francis writes:

    I always try to be ordered with my correspondence, but in time for rush or laziness, I come not to many of the points listed above.
    For me I think the critical point 6.

    The experience taught me that archive email in an orderly fashion on a mail client is not enough, you should always keep a copy in another format.

    You who could give me advice on this?

  2. Spataro wrote:

    Safety advice for copying the utilty for thunderbird, moz backup if I remember correctly, of course, be used together with thunderdbird.

    valuable advice those of Ernesto, to use even in reading phase.

    Misunderstanding the meaning of a communication and 'easy. One call solves many problems.

    The rude but definitely discredits those who forget to put away the worst of himself '.

  3. @ Francis
    It depends on what type of match or not and if you manage a system of internal protocol.
    I always recommend to save in digital format in the electronic correspondence file relating to the individual customer or individual practice, in the case of e-mail is particularly important, should sign the file with time stamp affixing digital signature.

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