Think Before Clicking
Posted on May 20, 2010

I recall, as a teenager, contemplating sending a letter to someone with a charged message. My mother advised me to think about what I put in writing because I might regret it later. This was before emailing, texting, tweeting and facebooking (and, yes, I am dating myself). However, the advice I received is now especially relevant to such electronic communication. Messages can now be conveyed almost instantly and with stream-of-conscious writing. As a trial attorney, I have seen what use to be he-said-she-said disputes turn into a battle of the emails. While you can argue over someone’s recollection of a conversation, it’s harder to dispute what is said in an email. Emails (and other electronic messaging) make great evidence as they usually indicate when they were sent and whether they were received. Many folks do not realize that when they click “send” they are sending a recorded message that could someday be used against them. I hope the rest of the world continues to casually send electronic communications -- my job is made easier. For my clients, heed my mother’s advice and think first before clicking “send.”
