Direct Mail Business Magazine

 
Welcome

Click Logo To Page

The E-mail You Save May Be Held Against You

When to delete an e-mail ó and not


Guidance for Owners/Managers


When it comes to e-mail, I'm a packrat. No, it is not true that I still have the first e-mail I ever received. But I probably have my first e-mail from the year 2000.



In fact, I probably have all my e-mails from the year 2000. So of course, I have everything since then, too.



Why do I have all this stuff? I'm not sure, frankly. Maybe I was concerned that I would be sued over some imaginary transgression and would need an e-trail to prove my innocence. Or maybe I was vaguely concerned about some legal requirement to save this stuff.



I'm not the only one doing this. Some of you have thousands of e-mails, too. And you probably don't know why you're saving them, either. Maybe you're worried about going to jail over some stupid e-mail you can't find.



I'm hardly an expert in what e-mail documents and records to save. So I talked to Donald Skupsky, the president of Information Requirements Clearinghouse. He modestly describes himself as the world's leading expert in this area. I also talked with Charles Fine, a Phoenix attorney.



Here are some things to consider when you wonder whether or not to save e-mail. Obviously, if you still have questions, talk to a lawyer.



  1. Save important records. But e-mail is not always considered a record. Companies should save records of business transactions. If you sign a contract, save that contract. If you receive the contract as an attachment to an e-mail, and the other party says in the e-mail, "We accept the contract," save the e-mail too. That constitutes a record.



    So if you would keep it as a paper document, keep the e-mail. Otherwise, pitch it. That includes e-mails generated during the contract process. This is work-in-progress material, and does not reflect the thinking of an organization. Rather, they are the thoughts of individuals.



    When you do keep something, store it formally. Don't leave it in your e-mail program where no one can find it. You might be best off to print it and put it in a folder.



  2. Sometimes, keep more. There are certain times in which you cannot discard things. For instance, if you are part of a legal process, you can't delete anything that is relevant. I'd err on the side of caution. Better yet, follow your lawyer's advice.



    Even if you are not currently in a legal process, there are two other important words: imminent and foreseeable. If you're on notice that you'll be indicted, things are imminent. Now is not a good time to clean out your e-mails. If you make a big boo-boo and somebody gets hurt, a lawsuit is foreseeable. Again, be careful. Talk to your lawyer.



    According to Skupsky, only the securities industry is required to keep all of its e-mails. Everybody else is free to pitch them.



  3. But don't keep everything. Most likely, those e-mails piling up probably won't hurt anything (except your server space). Most of us get into business because we see an unanswered need. We want to help our customers. We've never been sued, and never expect to be.



    However, it could very well happen. Let's say that, after exercising superhuman patience, you fire Joe Screwup. You could not have treated Screwup better, but, of course, he doesn't see it that way. So Screwup sues.



    You're not worried. But then you get a subpoena, ordering you to submit any e-mail from the past three years that bears on the case. There's nothing in the e-mail that would affect the case, and Screwup knows it. But you'll have to dig up everything you have, and your lawyer will go through it, looking for relevant material. How many hours, at $200 per hour, will it take her to do that? So you swallow hard and give Screwup $15,000 to go away. You may never have thought about this, but you can bet that the plaintiffs' bar has. Worse, maybe they find an e-mail in which you express intemperate remarks.



    Given the potential problems, why save e-mail? Sure, this scenario is pretty unlikely. But 99.9% of your old e-mail is junk, anyway. Why take the risk?



  4. Develop a policy on e-mail retention. Skupsky recommends a 30-day retention policy. After 30 days, your employees (and you) have to decide if an e-mail is a record. If not, it goes. This has the salutary effect of forcing your employees to think about what a record is, and is not. Attorney Chuck Fine thinks that's a good idea. But he goes further, and chucks (no pun intended) his e-mail immediately.


Don't back up your e-mail. This is no different than keeping it on your computer. If you're subpoenaed, you and your lawyer will have to go through it, whether it's on the computer or on tape. Delete the old stuff.



According to Skupsky, old e-mail is rarely useful to the other side. But if it costs lots of money to go through it, the plaintiff doesn't care. Neither does his lawyer. They have nothing to lose. Discovery is a wonderful weapon to force a settlement.



So I'm cleaning out my old e-mails. No, really! It's difficult, though. I've had them so long, they're like old pals. You should clean out yours, too. We have to be strong about this.





Summary
The E-mail You Save May Be Held Against You

When to delete an e-mail ó and not

Guidance for Owners/Managers

When it comes to e-mail, I'm a packrat. No, it is not true that I still have the first e-mail I ever received. But I probably have my first e-mail from the year 2000.



Keywords:
Small Business Start Up, Small Business Ideas, Small Business Software

Word Count:946

[#2454 of 2596] -end


NEW Articles of the day for
Direct Mail Business Magazine

Power Tips For A Successful Home Business
Today the Internet is full of oppurtunities; the foremost is working from home. Here Iíll give you some power tips for successful email marketing. Given the inherent problems with traditional marketing techniques, itís important to master the email...
...Read More

Wrestling with Home Based Business Opportunities!
Whatís that you say? You say your home business has you frustrated and at your wits end. You say no matter what you try you it seems youíre only making the network marketing companies and those guru guys richer. Well, youíre probably right....
...Read More

 

Visit Our Advertisers -
They help keep this service FREE!

NEW Ads every day in
Direct Mail Business Magazine

Current Issue of 01/18/2018

$$$$ EARN $$$ THE CHRISTIAN WAY! $$$$

Spread the Word and earn money.
God wants us to prosper.
Rush $3 and 3 stamps to:
MYRNA L. MILES
2558 MOYERS RD.
SAN PABLO, CA 94803-3102

178


NOW!! Hit The "Jackpot"
With Our "Amazing-New" Program....

"Money Blocks"
It's Greater Than Any Lottery...In The World!!!
Simply Visit US NOW AT:
www.jkirkman.com/655A.
Even More Information At:
infojet.biz/018
It Pays To Be...."Different"...Make The "Difference" TODAY!!

88


AMERICAN BUSINESS

STAGGERING MONEY AMOUNT
CONTINOUS MONEY
SUPERAFFORDABLE
MONEY MAKER
PROOF MONEY PAID TO YOU. (HI)
SEND THIS AD AND 2 F/C STAMPS TO:
DONNA SCHNEIDER
11046 MAIN ST.
HEWITT, WI 55441-8518

142


FREE WEBSITE REWARD
CERTIFICATE $197.00 VALUE

And Lots Of Money Making
Opportunities. Your Website Is Submitted FREE To 880,000
Search Engines, Classified Ads,
And Directories.
Millions Of People Will
Visit Your Site.
For Complete Package,
Send $20.00 Cash Or Money Order Only To:
NORA LEE
PO BOX 763
GOLDSBORO, NC 27533

44


FREE ADS!
Filler Ads wanted for new ad sheets.

1" c/r only, limit of 3 per issue.
MICKEY PARKER
413 S. MALLARD ST.
LAS VEGAS, NV 89107

151


I USED TO BE ON A FIXED INCOME.
NOT ANYMORE!

Let Me Send You Some Of The Great Programs Which Got Me Off Food Stamps and Into A Better Ride!
These Programs Are The Best!
Send #10 LSASE and 2 loose Forever Stamps:
HONEST PROGRAMS
P.O. Box 159 C
Rocky Point, NC 28457-0159

86


MAKE $600 A WEEK MAILING MY SPECIAL POSTCARD!


131


EARN $1,000 A DAY!

NEW and
RESPONSIVE PROGRAM.
Low Cost!
INNOVATIVE, GREATEST INCOME EVER.
Reply today.
Send Two Dollars for
Info, shipping and handling to:
R. LOGAN
P.O. BOX 311096
JAMAICA, NY 11431

52


BUY NOW! - SAVE $$$$$
YOUR 2 -1" C/R ADS IN

O'Blenis Advertiser 10,000 Circ
Concourse West 5,000 Circ
Concourse West Advertiser
1,000 Circulation
Just $18.00(Reg $24.00)
FREE Checking Copy
$$$$$$$$$$$$$$$
EDWARD O'BLENIS
POB 524164/Stadium
Bronx,NY 10452-1291

59


Exciting Magazine Worth Having
SHORE TO SHORE

Reliable service, Best of the Best
Offers, Info, Ad Specials!
Will you have the next
great issue!
One year subscription only
$20 + LSASE to:
Ed O'Blenis
POB 524164/Stadium
Bronx, NY 10452

61


Full Page Ads

!-WANT_TO_PURCHASE_ MINERALS_&_OTHER_OIL_&_GAS _INTERESTS.pdf
0-A-Lawson.pdf
0-D-Baker.pdf
0-J-SMITH.pdf
0-RL-Browning-Endless-Cash-System.pdf
0-S-DADA-The-Millionaires Club-Lotto-Tickets.pdf
0-d-nicholls.pdf
0-j-orlando.pdf
0-l-domerson.pdf
0-l-gaines.pdf
0-m-bugarini.pdf
00-BD-JOHNSON.pdf
00-h-clay.pdf
00-jc-patton.pdf
00-s-frescas.pdf
1-J-Hurley-Free-Money-Making-Downline-for-Life.pdf
1-M-Golden-Make-Money-Simple-Cash-Payment-Plan.pdf
1-R-Bacha-The- Perpetual-Wheel-of-Fortune.pdf
2-D-Foley.pdf
20-J-Hurley.pdf
20-JCPatton-Mail-Lists.pdf
20-Robert-Peterson.pdf
20-T-E-Abraham-The-Wealth-Union.pdf
3-D-R-Deegan-Cash-Retirementt-Plan.pdf
3-J-Hurley-Time-Freedom-Rings.pdf
5-L-Valentine.pdf
5-L-Valentine2.pdf
5-S-Ford-The-Largest-Permanent-Matrix.pdf
5-T-Abraham-The-Wealth-Union.pdf
6-McCray.pdf
7-D&A-enterprises-P&M.pdf
7-D-Deegan.pdf
8-180-Niche-package-offer-THE DOUGLAS MILLIKEN COMPANY.pdf
8-CR-Ellard.pdf
8-E-Molina.pdf
8-L-Valentine.pdf
99-A-Moore.pdf
99-E-Bynum.pdf
99-H-Clay.pdf
99-JC-Patton-Mail-Lists.pdf
99-JC-Patton-Opportunity-Seekers-Names.pdf
99-JC-Patton-Silver-Eagle_Pro.pdf
99-Monique's Mail.pdf
99-R-Peterson.pdf
99-c-vandergrift.pdf
99-j-skuse.pdf
99-r-vandergrift.pdf
99-wrights.pdf
A-BRADLEY.pdf
D&A-enterprises.pdf
Gerard-Jeanty-1.pdf
Gerard-Jeanty-2.pdf
K-SCHECHTER.pdf
R-DEL-PILAR.pdf
Rabbi-Rev-Earl-Kelly.pdf
T-Johnson.pdf
Your-2016-ADSHEET-DIRECTORY1.pdf
sam-scruggs-21.pdf


Direct Mail Business Magazine - COPYRIGHT - ALL RIGHTS RESERVED