A light post this time. I noticed that lawyers run the gamut as to what disclaimers they attach to emails and other communications. Today, I’ll focus on email disclaimers and I will share some I have noticed recently. Of course, first I will end this section with my disclaimer.
NOTICE: This message is from a law firm, Katz Wright Fleming Dodson & Mildenhall LLC (KWFDM). This message is intended only for the use of the individual to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify this office immediately by telephone, delete the e-mail from your computer and do not copy or disclose it to anyone else. Return the original message to the address listed via U.S. Postal Service. If you are not an existing client of KWFDM do not construe anything in this e-mail to make you a client. Do not disclose anything to KWFDM in reply that you expect to be held in confidence until you have retained the services of KWFDM If you are a client, co-counsel or retained expert of KWFDM you should maintain the contents of this email in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510 – 2521 and is legally privileged
Now, from another lawyer in my firm.
Notice: This message is from a law firm, Katz Wright Fleming Dodson & Mildenhall LLC. (KWFDM). This message is intended only for the use of the individual to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify this office immediately by telephone, delete the email from your computer and do not copy or disclose it to anyone else. Return the original message to the address listed via United States Postal Service. If you are not an existing client of KWFDM, do not construe anything in this email to make you a client. Do not disclose anything to KWFDM in reply that you expect to be held in confidence until you have retained the services of KWFDM. If you are a client, co-counsel or retained expert of KWFDM, you should maintain the contents of this email in confidence in order to preserve the attorney–client or work product privilege that may be available to protect confidentiality. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged.
Notice: No duties are assumed, intended or created by this communication. If you have not executed a fee contract or an engagement letter, this firm does NOT represent you as your attorney. You are encouraged to retain counsel of your choice if you desire to do so.
Now, a lawyer’s disclaimer that was sent to me that is quite generic (but probably just as effective).
CONFIDENTIALITY NOTICE: This message is being sent by or on behalf of an attorney. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email and delete all copies of this message. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email.
Now one that I received today that is dual purpose with an attempt to educate the reader of the lack of security of email communications:
1) e-mail communication is not a secure method of communication, (2) any
e-mail that is sent to you or by you may be copied and held by various
computers it passes through as it goes from us to you or vice versa, (3)
persons not participating in our communication may intercept our
communications by improperly accessing your computer or our computers or
even some computer unconnected to either of us which the e-mail passed
through. We are communicating to you via e-mail because you have consented
to receive communications via this medium. If you change your mind and
want future communications to be sent in a different fashion, please let us
Notice: The information contained in this e-mail message or its
attachment(s) may be an attorney-client matter, and attachment(s) may be
attorney-client privileged and confidential information. If you are not
the intended recipient, please delete this message and any attachments.
Now one that cites federal law and crimes that one could be charged with:
THIS E-MAIL IS CONFIDENTIAL legally privileged information covered by 18
U.S. Code 2510-2521 whereby civil & criminal penalties may apply if
you save, forward, disclose or disseminate any of its content. Reply if
you received in error, then please delete. This e-mail is protected by
the attorney-client privilege and attorney work-product doctrines.
DISCLAIMER: If you are not my client, then you are strictly prohibited
from relying on any opinion or information herein. DISCLAIMER: This
e-mail does not create client status nor any duties owed by me nor my
firm to you, which can only be done by formal written attorney-client
fee agreement. Until then, you are advised to keep seeking the advice of
Now a short and sweet one:
IMPORTANT: This transmission may be: (1) subject to the Attorney/Client Privilege, (2) an attorney work product, and/or (3) strictly confidential. If you are not the intended recipient of this message, you may not disclose, print, copy or disseminate this information. If you have received this in error, please reply and notify the sender (only) and delete the message. Unauthorized interception of this email is a violation of federal criminal law.
This communication does not reflect an intention by the sender or the sender’s client or principal to conduct a transaction or make any agreement by electronic means. Nothing contained in this message or in any attachment shall satisfy the requirements for a writing, and nothing contained herein shall constitute a contract or electronic signature under the Electronic Signatures in Global and National Commerce Act, any version of the Uniform Electronic Transactions Act or any other statute governing electronic transmissions.
And now, by far, my favorite email notice, disclaimer or e-signature by an attorney:
NOTICE: This e-mail and attachments, if any, hereinafter referred to as “it”, may contain information that is confidential, proprietary, privileged or otherwise protected from disclosure. The aforesaid statement that it may contain such information is not a representation that it actually does, but merely a notification that it might or might not. It is intended for the intended recipient. If you are not an intended recipient, you are notified that: (1) you are not authorized to read, print, forward or disseminate it, (2) unintended receipt is not a waiver of any applicable privilege or confidentiality; and (3) any unauthorized review, copying, broadcast, or distribution of it is not merely prohibited, but is strictly prohibited. If you are not an intended recipient, please do not read, forward, print or otherwise disseminate it. Please notify me of its receipt and delete it. If you did read it, then you are commanded to develop an immediate and unexplainable loss of memory and to forget what you read. It is your duty to know whether you are an intended recipient, regardless of my subjective beliefs as to whom I may or may not have intended to send it. Furthermore, all recipients, intended or unintended, including hackers, spies, and law enforcement agencies are hereby notified that although it is believed to be free of any virus, worm, germ, bacteria, or other electronic, chemical, nuclear or biological defect or weapon that might affect the hardware or software of any electronic device into which it is received or might affect the health, welfare, existence or afterlife of both the aforesaid electronic device and the operator thereof, the recipient has the obligation to utilize such defensive measures as the recipient deems expedient to protect the recipient’s hardware, software and operators thereof from any chemical, nuclear, biological, explosive, psychological or religious devices that may be implanted in this message and any dangerous level of radioactivity or subliminal messaging which may be emitted. The statement that such items may be implanted or emitted is not a representation that they actually are, but merely a notice that they might or might not be. Absolutely no responsibility is accepted by me, The Law Office of XXXXXXXXX., the manufacturer, owners or operators of the electronic devices from which this email originated or through which it was transmitted, Major League Baseball, the government, the Coffee Party, your local tanning salon or [insert name of best friend] for any loss or damage arising in any way from its receipt or use. You are given my personal permission to blame it on the dog who ate your homework.
Robert J. Fleming has been handling wrongful death cases, dental malpractice, bus accidents, car accident cases and premises injury cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years. He practices in and around the Atlanta, Georgia area including handling lawsuits in Fulton, DeKalb, Clayton, Gwinnett, Cobb and other counties and nearby cities including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured and would like discuss your case in complete confidence, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.