Well...how effective they are depends upon the context in which you're intending to use them.
If you have a disclaimer on the message that says "This message is confidential" then the other party deliberately forwards that message along to somebody else causing some kind of damages, you've got a CYA in that you can point to the disclaimer and say "Hey, it's right there on the message telling them it was confidential. It's that guy's fault." Will that stand up in court? Maybe. As far as I know it hasn't been tested yet. I doubt the disclaimers, at this stage, have much of a deterrent or preventative effect. Too boilerplate and most people ignore them. So they probably won't prevent any damages from occuring. Where they may have some value is if the matter ever goes to litigation and the issue of determining liability comes into play. You can point to your disclaimer and claim it's not your fault and that is a legally plausible argument. That's the theory, anyhow. Remains to be seen how well it will work in practice. It's actually a good question; maybe we'll do an article on it for our website. Aloha, -Ben- Ben M. Schorr, MVP-Outlook, CNA, MCPx3 Director of Information Services Damon Key Leong Kupchak Hastert http://www.hawaiilawyer.com > > > -----Original Message----- > From: Mark Dewell [mailto:[EMAIL PROTECTED]] > Sent: Thursday, December 05, 2002 7:03 AM > To: Exchange Discussions > > A recurring topic seems to be about adding disclaimers to > outgoing messages and I have seem various recommendations > about software to do this. > > But I would like to know how effective are disclaimers? > Do they actually have any legal standing? > > > > _________________________________________________________________ > List posting FAQ: http://www.swinc.com/resource/exch_faq.htm > Archives: http://www.swynk.com/sitesearch/search.asp > To unsubscribe: mailto:[EMAIL PROTECTED] > Exchange List admin: [EMAIL PROTECTED] > _________________________________________________________________ List posting FAQ: http://www.swinc.com/resource/exch_faq.htm Archives: http://www.swynk.com/sitesearch/search.asp To unsubscribe: mailto:[EMAIL PROTECTED] Exchange List admin: [EMAIL PROTECTED]
