If you’ve been online for more than a few months, you’ve seen email messages with long legal notices at the bottom. You know, like this:
Well, I did receive a message in error, with the long notice as quoted above. What happens if I don’t notify Dewey Cheatem and Howe immediately by reply email or telephone?
IANAL, but they do say “please”, which tells you something right there. I can’t see any sort of demand in it. In any event, I think those notices are extremely presumptuous - if I send you an email in error, that’s my problem not yours. I’ve already inconvenienced you enough by sending it in the first place without making you feel compelled to take further action.
Nothing.
If you passed the information on to other people, there might be some kind of repercussions, but I don’t think you can be compelled to do anything with unsolicited mail - otherwise, they would say ‘you must’ instead of ‘please’.
They’re asking “please” contact them, so they can realise early in the piece that a mistake was made. I would advise them, actually. Never hurts to be courteous – but yeah, you’re not exactly having your hand held over an open flame if you just delete it and walk away.
I used to see that kind of notice on faxes. I’d always get in touch with the sender in a case of “mis-sent fax”. The above is just the electronic version of that.
You know, I actually do inform people when I receive messages in error–sometimes, anywhistle. My brother has occasionally included me on emails meant for persons in his business (because one of his subordinates has a name very similar to mine), so when I get a message full Conglomerate X tech info, I shoot him a letter back saying, “Hey, this was meant for Skald the Rimer.”
It’s more for the purpose of if you forward the message on to the media, they can come after you, saying “We specifically told you not to forward that message.”
I always add…
I have a friend with whom I email quite often, and she’s a legal assistant. Every single email she sends me has that sig added to it. I hate it, and it’s particularly annoying when she sends me a one-line email with the ten-line legal notice.
To me, telling them they’ve e-mailed to the wrong address is just like telling someone they’ve got the wrong number, instead of just hanging up. Just common courtesy, in other words. It only takes a second or two and then you never hear from them again!
I’m sure her bosses insist she use it.
It’s just basic CYA. I don’t think they expect anyone to notify them – but if the e-mail goes astray and there are repercussions, then they can say “we warned people not to do this.”
I seriously doubt the notice has any legal standing whatsoever. They are unilaterally telling you what you can and can’t do with the message, and anything like that requires your agreement. It would be the same as saying, “If you received this message in error, you owe us $5.”
I’d just like to remind you to ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in that communication was not intended or written to be used, and it cannot be used by you or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed therein.
It imposes no obligation on you and helps cover them.
Of course every one of her e-mails has it. So does mine. It’s the sig line, not something ahe types out each time. In addition hger employer may require that it be at the bottom of every e-mail that goes out of the office.
Our office requires us to have an email signature.
Savannah’s Real Name
Administrative Assistant
Property Management Department
Our address in Victoria, BC V8X 2S9
Tel: (250) 405-XXXX Fax: (250) 405-XXXX
myemail@company.com
www.ourwebsite.com
This electronic mail transmission and any accompanying attachments contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this communication by anyone other than the intended recipient is strictly prohibited. If you have received this communication in error, please immediately delete the e-mail and either notify the sender at the above e-mail address or by telephone at 250-my phone number.
My employer has it set up so it is on the end of every email going to an external address. Internal emails don’t have it, but as soon as it is going somewhere outside our network there it is (I’ve forwarded some joke emails to myself from my work email, which is how I know this). So there is a good chance that this is what has been set up. She probably doesn’t even see it, I know I never do unless I get a reply with the full text of my email out.
It’s added after our own signature (which varies according to the person). Mine is simply:
Flutterby
Company
Flutterby@company.com
In some jurisdictions and certain circumstances, some attorneys (and their assistants) are *required by law * to include disclaimer language to each and every communication - including e-mail.
For example, my boss is a tax attorney, and he and I are both required to add the following text:
“IRS Circular 230 disclosure:
To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.”
to every e-mail we send - even personal e-mails if they’re coming from our work e-mail address.
So, at least some of those irritating disclaimer blocks aren’t being added as a CYA (although, to be sure, some are), they’re being added in order to comply with legal requirements.
I always wonder what they mean by “deleting”/“destroying” data on my computer…
You mean to click Delete and thus moving it to the Recycle Bin?
Or do you want me to empty Recycle Bin too…?
Or am I compelled to reformat the hard drive…?
Or must I run a hard disk wiping software…?
or do I need to totally destroy my hard drive with a machine like this one?
Erm… wait a minute.
I vote yes. Nothing more important than confidentiality!
One of my users objected to my having her password because “I have mail from my sister”.
Hell, send your friends, relatives and pets email on your own PC, with your own bandwidth and keep their viruses at home. Get your private email address used by junk mail and not one I manage. 
:: snort ::
My fiancee and I were emailing back and forth all day because she bought me Super Grover socks.
She works at a legal firm and has one of those disclaimers appended to every message automatically. I can only imagine someone getting the message…
“Grover socks! Grover socks! I got Muppet Grover socks! :: dancing in socks and boxers, like Tom Cruise in Risky Business :: I got Muppet Grover socks!”
… and feeling compelled to notify the sender that the “confidential message” was sent in error.
I came in to mention this exact sig line. I asked my CPA a question one day, the reply was something along the lines of
Make a journal entry of debit this and credit that, then write a check from this account to that one, then do this then do that and your balance sheet will look fine again (that sounds like I’m cheating, I wasn’t I had an account get unreconciled somehow and she was helping fix it). Then at the end of the email I read blah blah blah don’t use anything in this email blah blah blah. Huh?