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Saturday, August 27, 2011

Law - Are law firm email disclaimers legally binding?

No, according to Evan Brown, a Chicago lawyer at Hinshaw & Culbertson, who writes a blog about law and technology, answering questions in Ameet Sachdev's Chicago Law. A sample:

Q: Are email disclaimers legally binding?

A: In most circumstances, they would not be legally binding. What the disclaimers are trying to do is establish an agreement between the sender and its recipient that gives rise to a duty of nondisclosure. That's just like any other contract. Both parties have to agree to the terms of agreement. There's nothing in the act of simply receiving a message that would give rise to an agreement to keep the contents secret. The net effect most of the time is just to put you on notice.

Posted by Marcia Oddi on August 27, 2011 10:15 AM
Posted to General Law Related