On Thu, 11 Oct 2007 12:38:02 +1000, Kelly Robinson said: > specific examples at the moment) I am wondering if Disclaimers can be > referenced in a courtroom in a client's defence and if not, is it specificly There is one place that the "This message may contain privileged information" variety of disclaimer has a purpose. If the addressee has an ongoing relationship with the sender, that involves info that actually *is* privileged, it provides an "out" if a blanket subpoena shows up for some e-discovery purpose - they may be able to get *some* of the e-mails, but not privileged ones. Of course, some half-wits then go and splat it on *all* their mail - but that most likely constitutes "over-warning" - if it was *only* on the relevant e-mail, then seeing one in a pile of subpoena'ed mail would be an automatic flag to treat it as "disclosed erroneously". But if it's on all of them, it loses its warning value.
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