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
