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Does the following statement contained in an email prevent

the recipient from redistributing the...
Does the following statement contained in an email prevent the recipient from redistributing the received email?
Confidentiality Notice:
This e-mail message, including any attachments, is for the sole use of the intended recipient only and may contain confidential and privileged information. Any unauthorized disclosure or distribution of any information contained therein is prohibited.s a statement on contained in an email sent on a mailing list stating they are prohibiting from copying and resending this inform
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Answered in 3 minutes by:
10/1/2013
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,524
Experience: Licensed Texas General Practice Attorney
Verified

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

No, it's not a prohibition and does not prevent someone from reusing it. Rather, it's more of a "CYA" for the sender. If, for whatever reason, there is litigation or some subpoena for documents, this statement could be the basis for the sender to claim that it's privileged and should not be disseminated to the other party (in the litigation). Otherwise, it could be produced through the "discovery process" (the process in pending litigation where each party gets to request and receive documents from the other side pertaining to issues in the case).

ScottyMacEsq :

But it does not prevent a recipient of the email from forwarding it on.

ScottyMacEsq :

Once the sender sends the communication to the recipient, the sender generally has no additional control over that communication. But again, the main concern is to keep it privileged if it is in fact privileged, in a litigation or other legal tribunal / case/ etc... .

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

The confidential minutes of a Property Owners Association received by a member is being redistributed to non-members. Can I stop that by inserting the statement I previously submitted to you?

ScottyMacEsq :

You can try, but that statement does not legally prevent redistribution. Rather, there would have to be a preexisting agreement between the association and member (contract, bylaw, CC&R, etc...) to legally prevent them from doing this, and to be able to sue said agreement.

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,524
Experience: Licensed Texas General Practice Attorney
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