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Do correspondents by email mean anything (Read 4177 times)
Gteuk
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Do correspondents by email mean anything
Feb 20th, 2003 at 4:57pm
 
Hi all, I hope you don't mind me intruding, I have a little dilema.

This morning I recieved an email from a company of solicitors with a letter attached outlining possible legal prceedings if I do not comply with their requests.

The upsetting thing was I was not contacted to confirm the email address was private or the correct address to send it to, the address used is one that is filtered to many computers and should not recieve confidential emails. the covering mail or the document were not encrypted and sent via standard insecure mail.

The covering email was also not marked for the attention of anybody and only when I opened the document was I made aware the mail was actually for me and it stated that the documentation was to be sent via email only.

Is this the standard practice within law these days, I am discouraged knowing that no effort was made to ensure the document got to me personally, and that at least 7 other people that should not receive this mail have.

If this is standard practice I cannot complain I suppose, but if its not standard practice is there anywhere I can find the standard guidelines that should have been used within this practice.

Thank you for your time.
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scottishlaw
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Re: Does correspondence by email mean anything?
Reply #1 - Feb 21st, 2003 at 4:15am
 
If this relates to a domain name dispute and it was sent to the e-mail address that you initially supplied to the registrar you signed up to then under ICANN's domain name disputes rules I think this might be reasonably acceptable although every effort should really have been made to send this to the postal address that was supplied at the same time.

Otherwise:

This is NOT standard or even remotely acceptable practice and should not have happened.

Contact the Law Society of Scotland by telephone (you will get their contact details at http://www.lawscot.org.uk) and bring this to their attention.

P.S.  There could be other exceptions.  Tell us more please, so that you can get a more accurate answer.
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Gteuk
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Re: Do correspondents by email mean anything
Reply #2 - Feb 21st, 2003 at 4:11pm
 
Thank you for your reply, the company of solicitors are based in leeds and there I have very little information about them at the moment other than the letter they sent and their website. I phoned the law society yesterday and they said although it was possibly unprofessional there was nothing in the code of conduct to say this could not be done.

After about an hour on the phone the only thing I come away with was the address to write a letter to the Chief Exec, as I am obviously upset that this can happen to me and others I think the code of practice should be changed.

The nature of the complaint.

"Without Prejudice"

I run a forum for cars, specifically the Citroen Picasso and on there was a refernence to a company (the solicitors client) which was a bit embarrassing for them, we were able to substanciate the first post as it was actual experience of the sites co-owner but we could not substantiate the following posts, The posts were about the business practices of a certain company and their actions before going into receivership (Since they are complaining you can understand a new company was formed a little later).

The communication from the solicitor was "intention to issue proceedings" if the information was not removed, I have compromised by leaving the enitial post by the co-owner of the site and removing all others I have also attached a copy the letter that they emailed me.

I did reply to the letter explaining my total and utter disgust at the lack of security employed in this matter and so far have not received any further communication from them I must admit I to have not forwarded an email address (my personal address) for them to reply to as I feel it is not my job to do their job for them.

I would name the Solicitors in question but worried in case I or This site receives a similar email for this post.
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Re: Do correspondents by email mean anything
Reply #3 - Mar 16th, 2003 at 7:21am
 
Don't name the solicitors or any companies involved.

Regarding the problem you had with being e-mailed by them - I still think this is completely unacceptable.  I had a similar experience myself recently and have ongoing problems over my ownership of "lawscot.org".  I constantly get e-mails from solicitors and the public intended for "lawscot.org.uk" which people have sent to the wrong domain.

I know this digresses a little from your main point but it also highlights the fact that some solicitors do not quite understand the nature of e-mail or the internet and how they work.  At the same time though, quite dangerously, they often treat this ignorance with an air of arrogance possibly out of a fear that being shown to lack understanding of this medium of communication is a sign of weakness.

Legal correspondence should always go by post unless you have confirmed the recipient's e-mail address with them by telephone and then only once you have confirmed that you have entered their address correctly by sending a test e-mail and they have replied confirming receipt.

This isn't rocket science, it's common sense!
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