EC Directive on Electronic Commerce 2002 requires you to make reference in emails (but not on our letterhead) to where we are regulated (England & Wales) and also the rules of our governing body SRA. Reference to SRA website where those rules should be sufficient –http://www.sra.org.uk

There is often considerable resistance in law firms to implementing an e-mail policy. The reason often given for this is that it is simply not possible.

‘How on earth can we be expected to monitor incoming e-mails? There are so many of them that the supervisor would not get any work done.’ While volume is a real problem, it should not be ignored or excuses put forward for avoiding this risky issue.

Compare the problems with more traditional communication methods, such as the post. For example, would your firm:

• Allow any member of staff, regardless of experience, to send out a letter in the name of the firm, without it being checked? No? Then why do so many firms allow staff to communicate via e-mail without any form of supervision?
• Allow staff to keep all incoming post in a single tray irrespective of the file it relates to for months on end without filing it? No? Then why do so many firms allow staff to have in-boxes with hundreds, and in some cases thousands of received e-mails?
• Allow staff to spend hours at a time on the telephone making private calls? No? So why is it that many firms allow unfettered access to the Internet and e-mail for private purposes?
• Allow staff to send out enclosures without checking carefully that the letter is addressed to the correct person, is error-free, says what it is meant to say, and has the correct enclosures? No? Then why is it that many firms make no reference to outgoing e-mail correspondence in their procedures manual?
• Allow staff to leave copies of outgoing correspondence and draft documents unfiled? No? Then why is it that many firms do not ensure all e-mail correspondence is printed and filed?

Any e-mail policy should at the very least address these issues by stating:

• Delegated specific authority to individuals as to who may sign what. For example, should trainees be allowed to send any e-mails unsupervised?
• That all incoming and outgoing e-mail correspondence should be printed and filed.
• Who is entitled to access the Internet and private e-mail usage (if you monitor staff e-mails, be careful of your statutory obligations).
• The procedure to be followed with regard to checking outgoing e-mail correspondence.

There are many other matters that an e-mail policy should address. It is recommended that practitioners refer to the E-mail Guidelines for Solicitors, published below.

This column was prepared by AFP Consulting, a division of Alexander Forbes Risk Services UK

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