Re: OFF TOPIC (for lawyers) - disclaimers

Ben Finney wrote:
> necoandjeff <spam@xxxxxxxxxxxxx> wrote:
>
>>To my knowledge it has never been tested in a court of law, but if
>>there is the possibility of the disclaimer protecting an otherwise
>>inadvertent miscommunication from losing privilege, why would anyone
>>take a gamble by choosing not use it?

Because of how attaching the disclaimer to perfectly mundane emails
makes you and your organization look paranoid and ridiculous? The email
whose disclaimer I quoted was actually from a friend explaining how to
use 熟成 in a sentence properly. We had been chatting about it the
night before. I was surprised to learn that "use is prohibited".

> See the "Stupid Email Disclaimers" site for a discussion of why it may
> *increase* legal exposure for the sender to attach one of these lumps
> of idiocy.

I think Jeff was referring to the privledge existing between say a
lawyer and his client, and IIRC the privledge between a priest and his
parishioner, or a psychiatrist and his patient. In many countries this
kind of privledge has a legally-mandated special status. E.g. defense
attorneys cannot be called to testify against their clients in court
etc. So I can almost see his point. Except the specific disclaimer I
quoted said "use is prohibited". That also seems to be overreaching
(but I am not a laywer).

People who send me emails are not in a legal position to prohibit or
mandate any action from me, are they? Especially if they put the
stipulations on the end of the email, which is where all disclaimers go.
A point which the web site you mentioned makes very well.

--
Curt Fischer

***** IMPORTANT INFORMATION/DISCLAIMER *****
By sending an email to ANY of my addresses you are agreeing that:
1. I am by definition, "the intended recipient"
2. All information in the email is mine to do with as I see fit and
make such financial profit, political mileage, or good joke as it lends
itself to. In particular, I may quote it on usenet.
3. I may take the contents as representing the views of your company.
4. This overrides any disclaimer or statement of confidentiality that
may be included on your message.
.

Relevant Pages

  • Re: OFF TOPIC (for lawyers) - disclaimers
    ... > lawyer and his client, and IIRC the privledge between a priest and his ... Except the specific disclaimer I ... > People who send me emails are not in a legal position to prohibit or ...
    (sci.lang.japan)
  • Re: WARNING: Industry Is Blogging these NewsGroups to Impact the Public Discourse on Matters of Publ
    ... On Thu, 16 Apr 2009 14:53:39 GMT, Peter Bowditch ... Making a charge and proving it in court are two different things. ... disclaimer regarding your specious claims. ... There was nothing in the final order about posting a disclaimer. ...
    (misc.health.alternative)
  • Re: Bursaries
    ... I wouldn't like to try defending a court action by a parent to reclaim say ... It is like any element of a disclaimer. ... There's a world of difference between not getting a full refund because ...
    (uk.rec.scouting)
  • RE: MS Exchange
    ... It's impossible to hold up in court because the third party can just ... If you want to ensure authenticity remains (disclaimer and all), ... Subject: MS Exchange ...
    (Focus-Microsoft)
  • Re: Bursaries
    ... I wouldn't like to try defending a court action by a parent to reclaim say ... It is like any element of a disclaimer. ... There's a world of difference between not getting a full refund because ... Again, our experiences differ. ...
    (uk.rec.scouting)