“You’re in!” -- I mean, “We decline your application…” and Other Email Snafus

It was the most exciting (and then confusing, and then upsetting) news for about 28,000 applicants to UC San Diego’s incoming class in March 2009. The email read, “We're thrilled that you've been admitted to UC San Diego, and we're showcasing our beautiful campus on Admit Day.” It was sent to the entire applicant pool of more than 46,000 students, instead of just the 18,000 who had actually been admitted. The admissions office recognized the mistake almost immediately and a retraction and apology were sent within hours of the electronic snafu.

But academia is not the only industry plagued by misfired email horror stories like this one. Law, too, is spattered with email faux-pas. In fact, so common is the misfired email that there is an ABA formal ethics opinion on it! The opinion covers the scenario in which an email from your opposing party shows up in your inbox and you were not meant to receive it. (Rule 4.4(b), MRPC and ABA Op. 11-460).

Another ABA formal ethics opinion discusses whether you waive attorney-client privilege by emailing a client at her workplace. This issue is particularly covered by ethical Rules 1.1, 1.6, MRPC, and ABA Op. 11-459.

Email faux-pas snare the unwary lawyer who is likely not familiar with the ethical rules that cover these particular errors.

On January 30, 2014, American Law Institute CLE offered a one-hour CLE program on these very events so that lawyers learned the potential dangers that lurk in our new age of electronic communication, and figure out the best methods of damage control if they do make a mistake.

“Hot Documents, Hot Water: Ethical Pitfalls in Email Communications and Negotiations” also covered the ethical boundaries involved with drafting client settlement agreements for their personal use with an opposing party represented by counsel. (Rules 4.2, 4.3 MRPC and ABA Op. 11-461).

This ethics program was designed for all attorneys who communicate via email and/or who advise clients in negotiations – in other words, this program was designed for all attorneys and is now available on demand on the American Law institute CLE website.

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