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Electronic Mail Policies

 

bulletOriginal Publication: DICTA (Publication of the KBA)
bulletAuthor:  Lisa Shell Whitfield - Frantz, McConnell & Seymour, LLP
bulletDate Published:  December, 2001

 

In this age of electronic communication, firms may have overlooked the fact that the policies under which they have operated for years could be obsolete.  Electronic Mail Policies are critical. 

Policies should state a purpose:

 

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It is the policy of Law Firm A to promote the responsible use of electronic communications in the business of the Firm.

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While Law Firm A wishes to promote the privacy of individual users consistent with its electronic mail policies, the Firm reserves the right to monitor e-mail use to ensure compliance with its policies.

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Electronic mail is a privilege, not a right and the Firm reserves the right to discontinue usage for any reason including, but not limited to, violations of this policy.

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The Firm reserves the right to modify this policy at any time, for any reason deemed appropriate by the Firm.

Policies should define acceptable use practices:

 

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¨ Guidelines that define proper use of e-mail and electronic mailing lists which encourage the responsible use of resources; discourage practices that degrade the usability of the network resources; and, maintain the reputation of the Firm as a responsible entity.

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Guidelines that protect the security, reliability and privacy of the Firm’s network and systems and the networks and systems of others.

 

Policies should define unacceptable usage:

 

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Do not send electronic mail that contains information that is illegal, harassing or threatening.  Also, be aware that the transmission of materials into or through other countries may be required to comply with the laws of that particular country.

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Do not send chain letters, pyramid or multi-level marketing schemes.  This type of electronic mail not only is a waste of resources, but is illegal in certain countries.

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Electronic mail bombing is sending multiple e-mail messages, one or more large e-mail messages, with the sole intent of annoying another user. 

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Do not subscribe anyone other than yourself to a mailing list.

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Do not send e-mail designed to damage the target system with executed or opened files; for example, sending malicious programs or viruses attached to an e-mail.

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Do not send e-mail that is designed to cause confusion, consternation, fear, uncertainty or doubt, such as fake virus warnings.

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Impersonating someone else via e-mail is unacceptable. 

 

Your firm may also consider setting out Netiquette (e-mail and internet etiquette) guidelines such as:

 

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Be conservative in what you send and liberal in what you receive.  Messages should be concise and to the point.

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Mail should have a subject heading that reflects the content of the message.

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Check all mail subjects before responding to be sure that the message was directed to you (you may have been copied rather than the primary recipient.)

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Be sure to include a line or more at the end of the message for contact information or a signature file.

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Take care in addressing electronic mail as many addresses may go to a group, although the address appears to be one person.  Always know to whom you are sending e-mail.

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Don’t send large files to mailing lists when Uniform Resource Locators (URLs), pointers or ftp versions will suffice.

 

The above is suggested only for example.  Each firm should carefully consider their usage of electronic communications and draft a policy to fit the needs of the firm. 

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