Email Disclaimers Gone Wild

I recently read an article that got me thinking about email disclaimers, the legalistic text filled with official-looking warnings that’s showing up after the signature blocks on an ever-increasing percentage of the emails that I receive. Although Coyote Creek does not use email disclaimers, over the years we’ve helped many of our clients implement them in their email systems.

The article made me realize that although I used to notice email disclaimers, they have now shifted to being beneath my level of perception. Because I’m sure I’m not the only one who completely ignores email disclaimers, I’m wondering if these legal warnings actually do any good.

It seems to me that for disclaimers to protect information they must be used discriminately, not automatically added to every email that goes out. I sincerely doubt, for example, that there’s anything confidential about the email announcing that the birthday cake is in the break room. And I really wonder about the disclaimers stating that “This email is intended solely for the specific recipient. If you are not the intended recipient of this message, you are prohibited from reading it.” Email disclaimers have definitely gone wild!

So here are the questions I’d like to pose to the readers of this blog: Do you read email disclaimers? Does your company use them? Have you ever won or lost a court case because you did or did not have a disclaimer in your email? And – for the lawyers out there – is there any case law where the disclaimer at the bottom of an email has been the “make or break” factor in someone’s legal case?

I look forward to your input!

Mike Faster, President