RE: [cni] Re: Silly Confidentiality Notices

I don't suppose anyone ever clicks on the "important legal notice" hyperlink at the foot of my emails, but if they do they will know that I refer to this stuff as "lawyer paranoia". It wouldn't surprise me to find the same lawyers who insist on it arguing in another breath that click-wrap licences are unenforceable.... Seems to this cynical non-lawyer that it is designed more to protect against professional negligence claims than actions for breach of confidence. But (in my opinion), given the intrinsically open nature of email, it is negligent ever to send confidential or privileged information by this means. Secure email encryption software is widely available, in both free and paid for versions - what's the problem with using it?

Edward Barrow
New Media Copyright Consultant
http://www.copyweb.co.uk/
***Important: see http://www.copyweb.co.uk/email.htm for information about the legal status of this email ***

On Monday, August 04, 2003 4:00 PM, Turley, Patrick C [SMTP:pturley[_at_]bcm. tmc.edu] wrote:
> A colleague once did a test with a notice - it began as a typical notice,
> but in the middle he placed a nursery rhyme and invited anyone who read
it
> to let him know. I don't think he ever received a reply.
>
> I think these notices reinforce the typical public perception that
lawyers
> are strange. Now folks are afraid to not have a notice just because
others
> do. If someone can find the first lawyer who attached such a notice to
an
> e-mail, I suggest we try to have him/her disbarred for beginning this
> nuisance.
>
>
> _______________________________
> Patrick Turley, J.D., Ph.D.
> Office of General Counsel
> Baylor College of Medicine
> One Baylor Plaza, Suite 106(a)
> Houston, TX 77030
> phone: 713-798-6137
> fax: 713-798-6368
> pturley[_at_]bcm.tmc.edu
>
>
>
>
>
>
> -----Original Message-----
> From: Keith Tabor [mailto:ket354[_at_]yahoo.com]
> Sent: Friday, August 01, 2003 2:57 PM
> To: CNI-COPYRIGHT -- Copyright & Intellectual Property
> Subject: [CNI-(C)] Re: Silly Confidentiality Notices
>
>
> A further implication is that if it goes out on every
> email and we all know every email is not confidential,
> then it does not put the recipient on notice.
>
> I have a confidential "signature" in outlook that I
> apply to those messages that are confidential. That
> way it is easier for me to determine whether I thought
> it was confidential at sending and my clients will
> know which emails to keep to themselves and which can
> be forwarded internally on a limited basis.
>
> I previously worked for a firm who had a similar
> policy to your firms, although less obnoxious. I never
> could find a single attorney who thought it was a good
> idea. They still use it.
>
> keith
>
> --- Brock Shinen <brock[_at_]frenzellaw.com> wrote:
> > And I believe you increase the risk that your
> > responses in this group will
> > be perceived as legal services, rather than
> > information.
> >
> > Anyone else think so?
> >
> > Brock
> >
> > On 8/1/03 9:10 AM, "Roy Murphy" <murphy[_at_]panix.com>
> > wrote:
> >
> > > In accordance with your instructions below, I will
> > delete your message
> > > after typing this reply. I can not represent that
> > I have not read the
> > > contents of the email since my email reader
> > requires that I scroll
> > > through the entire message in order to reach the
> > notice inserted at the
> > > bottom and it also requires that the entire
> > message be copied into a
> > > reply and then deleted line by line. Furthermore,
> > I can't reasonably
> > > determine if I am the intended recipient without
> > reading the message. In
> > > the future, if you have material you need to keep
> > confidential, I
> > > suggest that you not post it to public mailing
> > lists. I imagine that not
> > > every member of the list is as scrupulous as
> > myself. Also, please be on
> > > notice that you can not unilaterally obligate me
> > to reply, or to refrain
> > > from reading or even bind me to confidentiality by
> > sending me mail,
> > > inadvertantly or not, and that I shall not so
> > reply in the future
> > > whether or not your communication is inadvertant
> > or intended. I reserve
> > > the right to read email sent to me and to make
> > fair uses including, but
> > > not limited to, exerpting for purposes of comment
> > and criticism and
> > > reexpressing the non-copyrightable facts contained
> > within in
> > > interpretive dance for public or private
> > performance or in other fixed
> > > media.
> > >
> > > On Thu, 31 Jul 2003 11:43AM -0500, someone wrote:
> > >> Please see Confidentiality Notice before reading
> > email.
> > >>
> >
> *******************************************************************
> > > [long content including several quoted messages
> > labouriously deleted
> > > line by line]
> > >>
> >
> *******************************************************************
> > >> CONFIDENTIALITY NOTICE: This electronic mail
> > transmission has been
> > >> sent by a lawyer. It may contain information that
> > is confidential,
> > >> privileged, proprietary, or otherwise legally
> > exempt from
> > >> disclosure. If you are not the intended
> > recipient, you are hereby
> > >> notified that you are not authorized to read,
> > print, retain, copy
> > >> or disseminate this message, any part of it, or
> > any attachments.
> > >> If you have received this message in error,
> > please delete this
> > >> message and any attachments from your system
> > without reading the
> > >> content and notify the sender immediately of the
> > inadvertent
> > >> transmission. There is no intent on the part of
> > the sender to waive
> > >> any privilege, including the attorney-client
> > privilege, that may
> > >> attach to this communication. Thank you for your
> > cooperation.
> >
> > -
> >
> >
> >
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Received on Mon Aug 04 2003 - 23:05:20 GMT