A new year is a time for people to reflect on their past accomplishments and set goals (resolutions) for the new year.  This is an opportune time to think about – and improve – our email (and texting) practices.  Yes, I said “texting.”  A text is really no different than an email.  Both are written records subject to discovery and use at a later date.

Following are seven best practices:

1. Understand that any email communication can become evidence in a lawsuit.

a. Every email, no matter how informal or inconsequential, can be admitted into evidence at a later date.

b. When dealing with situations that could damage the company or its reputation, it is crucial to make sure your emails are written with attention to detail and only express facts, not opinions. Better yet, use some other format to communicate.

2. Use the phone!

a. If an issue arises relating to hazards, safety, product defects, product liability, or other sensitive topics, email conversations open the door to increased risk.

b. A phone or face-to-face conversation may avoid the “smoking gun” type evidence that can come with email exchanges.

3. Never put anything in an email you would not want to be on the news or in a courtroom.

a. If you would not want your email communication republished on a huge screen in front of a jury, then go to Best Practice #2.

4. Stick to what you know and do not infer.

a. Verifiable facts, not opinions.

b. When discussing sensitive matters, rely on a third-party observation or recommendation, if available.

5. Do not assume any risk or blame.

a. If we did not cause the issue, it is never “our fault.”

b. Remember 7-Star Service. We do our best to help or assist in resolving an issue our customer is experiencing.

6. Avoid exaggeration and inflammatory language.

a. Dramatic language may be useful in getting your point across, but it can be used by a plaintiff’s attorney as well, forcing us to explain our motives. You never want to be put into that situation when it can be avoided.

b. If you read this, email “The Push Q2 2021” to GENM@SOPREMA.US for a chance to win one of three $25 Amazon gift cards.

7. Capture conclusions, agreements, or commitments in writing.

a. Sometimes it makes good sense to write something down. For example, after a phone call, send an email bullet pointing the conclusions, agreements, or commitments agreed to during the call.  Just remember, email applies to both parties, so be sure to follow up on your commitments.

b. Doing this ensures the parties are “on the same page” or reopens the conversation if there is miscommunication.