There are always going to be people who reply all to emails such as one to everyone at the office about free food in the breakroom.  These “Reply-All” emails make some people want to pull their hair out.  But—what about those emails that were only meant for one person and it gets sent out to everyone?  Oops.  A quick pause prior to pushing send can prevent a world of hurt.  One question you should ask is this: “Would I want a jury to see this in a lawsuit?”

A United States Circuit Judge in the Court of Appeals for the District of Columbia did not do a double-check before he replied all.  After receiving information from a lower court colleague about a climate change seminar, the judge hit “Reply All” inadvertently and called the seminar “nonsense.”  He also stated “[t]he jurisdiction assigned to you does not include saving the planet” and “[g]et out of this business and back into the business of judging.”  Needless to say, the United States Judicial Conference’s Committee on Codes of Conduct is reviewing the email and whether it effects this judge’s impartiality. 

Despite the embarrassing and possibly unethical email by a judge, things can become much worse if the email you send has content that should not be shared or could create a legal problem.  If it means losing your job or the start of possible litigation, would that make you think twice?

Whether a reply-all is simply annoying or goes to the other end of the spectrum, such as losing your job or a lawsuit, we could all learn a simple lesson: double-check!  Words put in writing don’t just go away.  This judge has now changed how people look at him by his inadvertent mistake.  He is now seen as a person who has determined that he is not paid to save the planet. 

If you have questions or are concerned about litigation, call the attorneys at Goosmann Law Firm, PLC, in our Sioux Falls, Sioux City, and Omaha offices.  We can and help you decide the best course of action.

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