The Official Assura Blog
Sunday, October 28, 2007
E-mail Disclaimers: Useful or Placebo?
We here at Assura have been debating the merits of adding a disclaimer to our e-mail signatures. Everyone's seen them. They range from:
This article from a company that publishes software to add legal disclaimers to all outgoing e-mails automatically makes some very compelling points about the issue -- and I agree with many of them.
However, the thing that's always struck me about adding a disclaimer is: Can you can legally bind someone to a contract which they've had no opportunity to read and accept by taking some positive action?
I'm no lawyer, but I'd venture to say, "no". In fact, I have yet to be able to get an attorney to tell me one way or another, much less find any statute or case law that says otherwise (at least in the United States -- I haven't looked at other countries).
For my money, the fact that an e-mail might have been opened by the auto preview feature of my mail reader doesn't constitute an active act of acceptance. If the email is from someone I don't know, have never heard of, and I open it to read the contents, does that mean I'm automatically obligated to accept the terms of the disclaimer? Where is my right to refuse to agree to something that's basically been laid in my lap?
So if I don't delete a misdirected e-mail, and I further forward it to another non-intended recipient, haven't I refused to accept the terms of the disclaimer?
If your organization or lawyer says to have an e-mail disclaimer: do it. There is really no down side to it. But, other than in the case where you're disclaiming professional advice provided in an e-mail, your actual protection in practical terms may be a lot less than you think.
For my money, I'm still on the fence. However, I'd love to see some feedback from readers about this issue, particularly if they're a member of the bar.
The contents of this message are for discussion purposes only and do not constitute professional advice of any kind. Neither the author nor Assura, Inc. shall be held liable for any outcomes based on this discussion. Do not taunt Happy Fun Ball. Your mileage may vary.
"This e-mail is to be read only by the intended recipient. If you've received this e-mail in error, please delete it immediately or you will be subject to penalties ranging from legal action to being permanently bombarded by chain letters."to
"This advice is worth what you paid for it."
This article from a company that publishes software to add legal disclaimers to all outgoing e-mails automatically makes some very compelling points about the issue -- and I agree with many of them.
However, the thing that's always struck me about adding a disclaimer is: Can you can legally bind someone to a contract which they've had no opportunity to read and accept by taking some positive action?
I'm no lawyer, but I'd venture to say, "no". In fact, I have yet to be able to get an attorney to tell me one way or another, much less find any statute or case law that says otherwise (at least in the United States -- I haven't looked at other countries).
For my money, the fact that an e-mail might have been opened by the auto preview feature of my mail reader doesn't constitute an active act of acceptance. If the email is from someone I don't know, have never heard of, and I open it to read the contents, does that mean I'm automatically obligated to accept the terms of the disclaimer? Where is my right to refuse to agree to something that's basically been laid in my lap?
So if I don't delete a misdirected e-mail, and I further forward it to another non-intended recipient, haven't I refused to accept the terms of the disclaimer?
If your organization or lawyer says to have an e-mail disclaimer: do it. There is really no down side to it. But, other than in the case where you're disclaiming professional advice provided in an e-mail, your actual protection in practical terms may be a lot less than you think.
For my money, I'm still on the fence. However, I'd love to see some feedback from readers about this issue, particularly if they're a member of the bar.
The contents of this message are for discussion purposes only and do not constitute professional advice of any kind. Neither the author nor Assura, Inc. shall be held liable for any outcomes based on this discussion. Do not taunt Happy Fun Ball. Your mileage may vary.
Labels: Legal Liability