Re: disclaimers

The email disclaimers started, of course, with the lawyers, who migrated them from fax cover sheets. Even though they aren't "enforcable" in the sense that you can't un-ring the bell, including the disclaimer does, arguably, preserve the protections those communications might enjoy in court.

Certain types of communications are not admissible in court. Generally speaking, sending that communication to a third party would break that protection, if done intentionally -- this effects a "waiver." By including the disclaimer on those communications, the sender at least arguably has preserved the protection because there was no intentional waiver of confidentiality. Many courts accept this.

However, including the disclaimer on all communications, even ones that are not confidential, and in which the sender DID intend to waive privilege, could be seen as an abrogation of "intent." After all, an automatic function can't be said to be intentional.

Slapping disclaimer on everything indiscriminately is probably a bad idea, but the selective use of them on actual private communications is probably a very good idea indeed. Then again, my momma always told me not to put anything in writing I wouldn't want to see on the front page of the newspaper.