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I sent a strongly worded, confidential email to a client. At the bottom of my emails is the standard disclaimer that "Information in this transmission is intended only for the person(s) to whom it is addressed and may contain privileged and/or confidential information...."
Of course, no one reads this but basically I do not want my emails forwarded to anyone else. In any case, this email was sent to their attorney, and their attorney sent it to someone that was a competitor in my business.
Do I have any recourse? Can you forward any email you want, regardless if the sender has a disclaimer? And if so, what is the purpose of the disclaimer?
you used the disclaimer incorrectly, not sure how it is defined legally but they aren't "contracts" between you and other party.
you can't hold someone responsible for actions through a disclaimer, it is the opposite. if they act on what you said, you deny responsibility of their actions with the disclaimer. IE, you say jumping off roofs is fun, disclaimer says getting injured is not your responsibility because acts of gravity is outside of your control
you used the disclaimer incorrectly, not sure how it is defined legally but they aren't "contracts" between you and other party.
you can't hold someone responsible for actions through a disclaimer, it is the opposite. if they act on what you said, you deny responsibility of their actions with the disclaimer. IE, you say jumping off roofs is fun, disclaimer says getting injured is not your responsibility because acts of gravity is outside of your control
Oh, I see. The disclaimer protect what you say, not their rights to do whatever that wish with your email. Thanks.
Is their anything that can be written to protect yourself if you don't want your emails distributed?
I am thinking that the attorney that forwarded the email to the competitor might have an understanding of the law. Maybe contact your clients or is it former clients attorney and ask if it is legal or not.
How do you know it was forwarded? Did they attach your information to the email?
There isn't a huge amount of relevant case law out there but you may have a claim against your client's attorney. The client could of course forward it to their attorney but he or she should absolutely not have sent on to a third party, let alone your competitor.
There isn't a huge amount of relevant case law out there but you may have a claim against your client's attorney. The client could of course forward it to their attorney but he or she should absolutely not have sent on to a third party, let alone your competitor.
You need to talk to an attorney.
with an attorney involved, they might have turned it over to competitor if the email was used as evidence in a case involving them. not enough back story here to determine though
Without getting too specific, the client was demanding something that they didn't want to pay for- a proposal that I would have to produce that would take me a lot of time and cost me a couple of thousand $. I said I'd do it but they would need to pay for my time. Its common practice in my field as proposals aren't free. Its the equivalent of: take apart my engine to check my water pump, and while you're in there, here's a replacement water pump, can you just put that in and the labor is free since you had to take apart the engine anyway. They refused to pay and continued to demand when I knew they were going to use a competitor anyway.
So I wrote a strongly worded letter that absolutely, under no circumstances will I be giving them a free proposal. They sent it to their attorney, who sent it to a competitor and was in the email like "see what we have to deal with". He hit reply all and added the competitors email, without realizing that I was on it.
Just wanted some feedback on the legality of forwarding emails to others if your email is explicitly meant only for that one person.
Without getting too specific, the client was demanding something that they didn't want to pay for- a proposal that I would have to produce that would take me a lot of time and cost me a couple of thousand $. I said I'd do it but they would need to pay for my time. Its common practice in my field as proposals aren't free. Its the equivalent of: take apart my engine to check my water pump, and while you're in there, here's a replacement water pump, can you just put that in and the labor is free since you had to take apart the engine anyway. They refused to pay and continued to demand when I knew they were going to use a competitor anyway.
So I wrote a strongly worded letter that absolutely, under no circumstances will I be giving them a free proposal. They sent it to their attorney, who sent it to a competitor and was in the email like "see what we have to deal with". He hit reply all and added the competitors email, without realizing that I was on it.
Just wanted some feedback on the legality of forwarding emails to others if your email is explicitly meant only for that one person.
Never put anything in email you do not want forwarded. You want to control people and this is a control issue. You can't.
I love the person who stated that perhaps you should have called them instead of sending them an email, basically a memo, of the event.
Never put anything in email you do not want forwarded. You want to control people and this is a control issue. You can't.
I love the person who stated that perhaps you should have called them instead of sending them an email, basically a memo, of the event.
I also believe you should have been polite.
I never said I wasn't polite. By strongly worded I mean firm in my statements. Not looking to control anyone or anything either. I was just asking a question about the meaning of those disclaimers at the bottom of emails, and what the purpose of them are. Someone answered my question and now I know.
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