Copyright:  / 123RF Stock Photo
Copyright: / 123RF Stock Photo

You’ve heard it a million times if you’ve heard it once: email creates a written record with a very long tail. A written record with a long tail that can last for very long period of time. Yet we continue to treat it like telephone calls that don’t leave the same kind of electronic paper trail.

I mention this fact today because the nomination of a Common Pleas Court Judge for the Pennsylvania Supreme Court derailed this week due to an old email that betrayed the judge’s prejudices. Was it better for the Commonwealth of Pennsylvania that these prejudices were exposed? I’ll leave that question to the political pundits.

What I do know as a litigator is that too many individuals continue to say too much in their emails. And, too many companies–despite continuing front page embarrassments–still don’t have appropriate email retention policies. Then, when a lawsuit comes along, a huge pile of electronic documents must be reviewed. More often than not, at least a handful of embarrassing–or worse–emails exist in that pile.

What to do? Plan ahead. Establish and enforce email policies that ensure it is used appropriately for business. And establish retention policies that further ensure only emails which need to be retained are actually retained. Otherwise, your company maybe the next one with front page news.