People send e-mails as though they were having conversations with someone in a bar R. Scott Meece, global general counsel, senior vice president and secretary of CIBA Vision Corp  as quoted by the Fulton County Daily Report

The casual nature of e-mail banter is often a rich source of troublesome evidence.  To make matters even worse, forensic software can now be used to show edits that were made to the e-mails and reveal thought processes.  It thereby takes evidence to a new level.

Of course an e-mail, like any other business document, does not become “evidence” until there is a threat of litigation or until an actual suit has been filed.  Make sure your documents tell a story your company can be proud of by applying the 12 rules for avoiding smoking guns. 

In this day and age of electronic discovery where outsiders are able to scruitinize what you write and how you think thoughtful communications are more important than ever.

“I think it was a case of blind arrogance.”

 Former World Bank General Counsel Roberto Danino on the Paul Wolfowitz scandal

LESSON #1: Selective disclosures compromise the independent judgment of counsel and lead to Swiss cheese legal opinions that offer little protection when the sauce hits the fan.

LESSON #2:  Doggedly pursuing an end result with an “ends justify the means” attitude can blind smart people to important information and typically drives costs much higher than expected.