EMAIL - Use an Abuse - Pros and Pitfalls

Let's Start With The Purpose. 

Email makes everything easier, faster, and more convenient, or does it? The purpose of this E-newsletter is to alert readers about email pros and cons, and to address issues such as use of email vs. California HOA meetings for board action, the craziness of speed, knee jerk thinking, taking liberties, email "personas", confidentiality issues, and management issues. Email is a hot topic. Obviously, I cannot do it justice in a short newsletter so I am offering additional information on my website about it. This is just the "appetizer".

Board Action by Email is a No No! It is important to note that in the years before email, and still, board members spoke with each other on the streets, at the pool, and on the telephone and often, with or without specific intent, matters turn to board business. However, California legislators have made it clear that business should be done at meetings, most of which are open to the membership (with exceptions only as noted in Civil Code Section 1363.05, the "Common Interest Development Open Meetings Act"). So, leaving any trail at all behind that indicates that business was decided through email communications is risky! So what's the difference between talking on the phone and email? The record! If you believe that erasing or deleting emails eliminates the "evidence", you may be sorry! (For more on this, as well as exceptions, look for the subject on the blogs and the Email Primer in the Webstore and publications page .)

Failure to Use A Confidentiality Statement May Come Back to Bite Big-time! I have cautioned clients to use a confidentiality statement on all emails so as to take at least the minimal steps possible to show an intention to protect the confidentiality. In a nutshell, all emails are discoverable in a lawsuit unless they are subject to some recognizable, legally supported confidentiality, such as attorney-client privilege or executive session privilege. And as to these principles, get legal advice about what can be protected. If there is no confidentiality statement on the email, chances are there is no expectation of confidentiality should someone want to see the emails and is willing to sue to do it.

Do You Mean To Send An Invitation to Respond?

An Email is an invitation for a response! Sending anyone an email invites a response, even if the email says "don't respond." That's like putting up a "wet paint" sign. That is an invitation to touch. And people will do it just to prove they can. Email is a knee jerk form of communication. If I am asked to write a letter to any party that is doing something illegal or immoral, I do not send the letter via email. I do not want a knee jerk response and that is what I would get. I do not put my email address on my letterhead. In mailing demand or enforcement letters, I usually opt for certified and regular mail, the old "double whammy". I abhor unnecessary paper waste; however, there is a time and place for pomp and circumstance and email does not carry the "officiality" of a certified letter on letterhead. A letter on letterhead does not invite a knee jerk reaction, nor does it invite direct dialogue or argument. In order to respond, the other party has to put some effort and thought into it. Dialogue often deters contemplation. You will find this especially true if you are communicating with someone that is a harasser or abuser.

EMAIL USE - THINK ...  BEFORE YOU PRESS "SEND".

How many of you think about where your e-mail goes, where it is stored, and what would grandma or God think if they read it? Do you put a lot of thought into what kind of damage, if any, it might do because of its contents if it were to fall into the wrong hands, before you press the "send" button?  This is the one biggest problem with email use. People often fail to take a step back when they are tired, angry, or frustrated. When one receives an email that is derogatory, pointed, accusatory, false or misleading, one tends to feel that it is imperative to shoot back a response quickly, before anyone gets a chance to see it. Remember the days of letters! Understand that there is much value to be had in writing a "vent" letter saying exactly what you would like to say and depositing it in "File 13" before sending the real letter that is professional, businesslike, or civil which leaves a more positive paper trail. And be extremely careful about hitting "reply all" or leaving long email threads attached to each new email going back and forth. Wow, have I seen some potentially explosive words from clients who do this!

For more on all of the following email topics, check out the blogs on my website and the webstore. I am working on a Primer that is all about Email communications. These topics will be covered:

When Communications Lead to Decisions (Transparency Issues - Meetings-Actions), Records Inspection Issues. Email Management Issues (Managing Incoming Emails, Harrassing Emails, Emails Creating Misconceptions of  Authority, Avoiding Defamatory Statements, Dealing with Harassing Emails, The Pitfalls of Making Things Happen Faster, Knee Jerk Reaction in Action, Carelessness Leading to Lawsuits, Email Disclosures, and false Email "Personas".  Also, this is going to be a topic of discussion at an uncoming ECHO EAST BAY RESOURCE PANEL meeting. If you are interested in coming, let me know. It will be the second Friday in August or September 2010. The meetings are in Walnut Creek.