You should be.

Federal rules are attempting to mirror modern society and provide mechanisms for the the discovery of electronic documents. This only makes sense. However, the cost and potential damage rendered by E-discovery are incalculable. E-mail and text messages are the new telephone calls. People treat e-mail as an INFORMAL means of communication and often little thought is given to the content of an e-mail. Speed is valued over content.

The problem: People are putting things in e-mail that should NEVER be put in writing – EVER. And unlike hard copy documents that may eventually be shredded under an appropriate document destruction policy, an opponent with enough resources can always recover deleted e-mail. E-mail is forever, and tone and context are no longer considerations 5 years down the road when you are trying to justify nasty comments in an e-mail.

Many companies are investing a lot of money in E-mail retention policies, content policies etc. However, the cheapest, easiest and best solution: PICK UP THE PHONE or WALK DOWN THE HALL.


Jeanelle Lust
Managing Partner