For those in HP who are using email for business communications, here are some
substantive suggestions from a member of "DIRT," a land use law listserv.
Although the writer has noted that this is not to be construed as "legal
advice," the suggestions seem like pretty good common sense for the conduct of
cyberbusiness.

Mary Krugman
____________________________________________
Subj:    Re: is e-mail as legal form of communication
Date:   98-01-04 00:55:28 EST
From:   [log in to unmask] (Patrick A. Randolph, Jr.)
Reply-to:       [log in to unmask]
To:     [log in to unmask]

>>>>

From: "Larry A. Anderson"

Ben Cohen wrote:

For every electronic communication there are one or more intermediaries
who handle the transmissions and whose records may show whether a
transmission was sent at a particular time.  This applies both to fax (where
the
records will likely show how long the line was open) and e-mail (where the
records
may show the number of bytes in the message or, even, the contents
of the message).

If it is very important to prove up the e-mail transmittal, one
can do the following:

1. Send the same message several times in one day, marked in
<bold><color><param>cccc,0000,0000</param><bigger><bigger>RED - "URGENT - FOR
EYES OF JOHN DOE -- CONTRACT ACCEPTED/REJECTED"
</bigger></bigger></color></bold>(or whatever), in large size font;

2. Each time it is sent, send a "cc" back to yourself - to prove your
message got to your ISP and they you received it back;

3. Each time the message is send, send "cc" to others involved - hard to
deny receipt if three or more others got theirs;

4. Send (by going to the proper icon on the top of the e-mail apps) by
"return receipt" and by "priority". Then you will receive a message from
the ISP that the e-mail got through.

5. Require employee who download the message to immediately send
"reply" - "received;"

6. Have your computer's fax send a duplicate message; and

7. If overseas, have one of the free fax services send the fax
from the home  town of that addressee - there are a lot of foot prints
left all over if you use them.I have sent such free faxes to my client in
Malaysia. Warning of no privileged communication to client in such event.

Problem (and you run into it with faxes also, so that is reason enof to
send by UPS)- simply turn off the fax or computer; or fax runs out of
paper and earlier made machine has no memory or very little.

One would have  an extremely hard time finding any memory card in my
simple non-computer fax (I have used my computers' four fax programs but
do not like them), which I love.

If the recipient denies receiving the message and it is crucial - have
court issue immediate attachment pre-trial order for the computer's CPU,
printer, and fax, and all floppies and backup tapes; and subpoena the
computer records of that party's ISP. If the computer is in a law office,
make sure the writ of attachment limits the exposure of the material
(.i.e. have it taken back to the court for safekeeping). Almost forgot -
subpoena all the faxes and computer e-mail of that party's attorney - as
there appears to be no privilege in such types of transmissions.

IMHO and this ain't legal advice.


Larry

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