Plaintiffs’ lawyers are using a new tactic to search for incriminating e-mail messages in corporate e-mail archives—software that seeks out “worry words” in e-mails that could show your company was aware of potential liability earlier than it admits. Examples of comments: “This might not be legal” and “Should we contact a lawyer?”
“If you’re in litigation, they’ll run your e-mail through this software looking for those kinds of terms, and your liability could explode,” said attorney Mindy Chapman, author of the Case in Point blog.
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