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E-mail: A Trap for the Unwary

July 01, 2003

By Jay Rodriguez & Kelly Koelker

Recent Wall Street scandals have illustrated that e-mail can be a potent weapon in the hands of a prosecutor or plaintiff s lawyer. The tendency to treat e-mail as an informal means of communication has led many people to say things in an e-mail that they would never say in person or in a memorandum. This informal correspondence can provide an adversary with damning evidence. Consequently, many lawyers have come to think of e-mail as shorthand for evidence mail.

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