This is the third part to a series on Protecting the Company’s Privilege and the dangers of Email. Click here if you missed Part 1 and Part 2. Many Jacksonville Business Lawyers tell their clients that email can be very dangerous in the event of litigation. One should always be careful before pressing the send button.
Some of the things you should implement in regards to email are:
1) Provide training to employees teach them what the proper steps are to prevent inadvertent disclosures, spoliation, and other risks from occurring.
2) Always separate business advice from legal advise, use lead ins to make it clear that what is being provided is legal advise.
3) Indicate in the communications when the communication is for legal purposes or in anticipation of litigation.
4) Limit the distribution of any disclosure to avoid waiver of privileges.
5) Teach and train that any disclosure, even an unintended one, can be a waiver of the privilege.
6) Create, implement, and audit your firms document retention policy.
If you have question on your Document retention policy or how your firm is using email on an internal and external basis, be sure to have a Florida Business Lawyer or Attorney review and audit your procedures.