Crane on Law by James Crane

Do you know this man? I have asked that question in a presentation and I’ve had “John McCain” shouted out more than once.

But it's not Senator McCain. It's Martin Lomasney. He was a Boston political boss at the turn of the 20th century. He is credited with a saying that has stood the test of time and therefore deserves some recognition:

Don't write if you can speak,
Don't speak if you can nod,
Don't nod if you can wink.

I always add don't email to that list. It always amazes me how casual people will be with the information they put into an email. It seems as though every smoking gun, needle-in-a-haystack, case-killer document that you read about in the news is an ill-advised e-mail: yet another exhibit in the “What Were You Thinking??” Museum.

A case in point was featured in the October 8, 2007 New York Times. Someone placed an ad on Craigslist.org describing herself as a “spectacularly beautiful” 25-year-old seeking a man who makes at least $500,000 a year because $250,000 “won’t get me to Central Park West.” A scathing response to her ad was posted by a man who claimed to fit her description, but told her that the proposition was a bad business deal. “In economic terms, you are a depreciating asset and I am an earning asset because your looks will fade and my money will likely continue into perpetuity.” His response was viewed by countless people, and forwarded all over the internet.

Unlike most Craigslist posts, which remain anonymous, this particular response was attributed to an investment banker from JP Morgan Chase. The media relations department confirmed that the alleged author worked there, but denied that he was the author. According to JP Morgan, their employee’s identifying information was accidentally attached as he forwarded the response to his network of contacts. In any event, I’m pretty certain that using JP Morgan’s email system to forward this type of stuff falls outside their acceptable use policies.

To combat this sort of foolishness, Altep offers employee training sessions as part of our e-Discovery Consulting services. The sessions identify potential organizational issues, and educate employees regarding proper and safe usage of company communication systems. They’re fun, they’re educational, and best of all, they keep our clients out of the news.