On 17 Sep 2015, at 8:27pm, R.Smith <rsmith at rsweb.co.za> wrote: > On 2015-09-17 07:19 PM, Jim Boyce wrote: >> DISCLAIMER "This email and its attachments may contain privileged and/or >> confidential information//... > > It might also not contain anything at all.
Actually, under the laws of both the European Union and the United States of America (no idea about South Africa) use of boilerplate text for messages to people you don't have a contract with invalidates it. So use for messages which will definitely be posted to the web (as all messages to this mailing list are) automatically invalidate any force those words might have. European Union law: Reciprocity of contracts requires a party to agree to a contract to be bound by it. You can't send a message to someone which magically enters them into an agreement. US law: Model Rule 1.06(c): Confidentiality of Information "A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client." -- no "reasonable effort" if you intentionally send the message to a public mailing list. Obligatory Disclaimer: I am not a lawyer in either jurisdiction. Simon.
