Abstract

ABSTRACTThis article addresses ethical and legal issues arising from the increasing use of e‐mail and other forms of instant written communication in the conduct of business. E‐mail communications are often casual and informal. Yet e‐mail is a written record that can be more permanent and widely accessible than a paper communication. This article focuses on the implications of this fact, including how individuals compromise their own privacy by the voluntary use of e‐mail; how e‐mail has complicated the duty of confidentiality of employees to employers, and professionals to clients; whether the use of e‐mail affects ethical deliberation and choice; and the use of e‐mail as evidence of corporate conduct and intent in civil and criminal litigation. The article suggests that e‐mail users think “forensically” about their e‐mail—i.e., consider its potential as evidence in the context of other emails and underlying events—before pressing the “send” button.