The E-mail You Save May Be Held Against You
Below is a MRR and PLR article in category Business -> subcategory Other.
The E-mail You Save May Be Held Against You
A Guide for Business Owners and Managers
When it comes to email, many of us, including myself, tend to hold onto them longer than necessary. While I don’t have every email I’ve ever received, I still possess ones dating back to 2000. Why? The reasons aren’t entirely clear. Perhaps it’s a vague concern about potential legal issues or simply the fear of needing information I can’t find later.
I’m not alone in this habit. Many business owners and managers are in the same boat, uncertain about what to retain and what to delete. To shed some light on this issue, I spoke with Donald Skupsky, an expert in information requirements, and Charles Fine, a Phoenix-based attorney.
Here’s what you need to consider when deciding whether to keep or delete emails. If you have specific questions, consulting a lawyer is always wise.
1. Save Important Records
Not all emails are considered records. Businesses should save records of transactions. For example, if you sign a contract, keep both the contract and any email indicating its acceptance. If you’d retain a physical document, keep the corresponding email. Otherwise, discard it. This includes emails created during contract discussions, which typically don’t represent an organization’s final decisions.
Important documents should be stored formally. Don’t leave them buried in your email program. It might be best to print and file them physically.
2. Retain More When Necessary
There are times when you can't dispose of emails. During legal proceedings, for instance, any relevant material should be preserved. If there's an impending legal issue or a foreseeable lawsuit, err on the side of caution and consult your lawyer. Only the securities industry must keep all emails; others can generally delete them.
3. Avoid Keeping Everything
Hoarding emails might not pose immediate harm, but over time, it can become costly. Imagine firing an employee like Joe Screwup and getting sued. Even if you’ve done nothing wrong, you might receive a subpoena for all related emails. A lawyer would need to review them, costing you both time and money. Sometimes, settling a case is cheaper than covering these costs, even if the emails hold no incriminating evidence.
Given these potential issues, why keep emails at all? While the worst-case scenario is rare, cluttering your system with useless messages is risky.
4. Develop an Email Retention Policy
Skupsky suggests a 30-day retention policy. After this period, you and your employees should decide if an email qualifies as a record. If not, delete it. This encourages understanding of what constitutes a record. Attorney Charles Fine advocates for immediate deletion of emails.
Avoid backing up emails, as it makes no difference if a subpoena asks you to provide them. Deleting outdated messages is crucial.
According to Skupsky, old emails rarely benefit opposing parties in legal disputes but can be costly for you to sort through. Plaintiffs may leverage discovery as a tactic to force settlements.
I’m currently clearing out my old emails, even though it’s tough?"these digital files feel like old friends. However, it’s essential to be proactive and not let nostalgia get in the way of practicality.
Clean out yours, too. It’s time to be strategic about email management for the benefit of your business.
You can find the original non-AI version of this article here: The E-mail You Save May Be Held Against You.
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