Engineering Inc. - September/October 2005 - 25

 Let's say in designing a project, an engineer sends an e-mail to a
colleague saying, `This thing is a software they copied from a col- bad
humor, shorthand, specula- foot by five-foot poster board and total
disaster.' league, that is owned by a previ- tion and opinion. E-mail also
is put in front of a jury. You can o u s employer or that has an dynamic,
meaning that it can be j u s t imagine how that would What if a unknown
origin. But licensing changed, manipulated and for- play. disaster does
concerns are nothing compared warded to, literally, millions of E-mail,
however, is of special to the potential hornet's nest of people. concern
for engineers and other occur and there's smoking guns, slander and fraud
That's a potential disaster for design professionals, says Linda a
lawsuit? inherent in the use of e-mail and any type of business, says
William C r i s t , corporate counsel for WILLIAM HILL collaborative
technologies. Hill, litigation partner with the BUCON, Inc. in Kansas
City. MINTZ LEVIN E-mail, in fact, has become the Boston-based law firm of
Mintz Engineers, she says, too often use bane of many legal advisers. This
Levin, because in today's world, t h e medium for speculation convenient
substitute for verbal all electronic communications about issues, rather
than dealing communication is fabulous for now is subject to discovery. in
facts. During litigation, such advancing projects and coordi- Let's say in
designing a proj- i n s t a n c e s can significantly nating teams across
different loca- ect, an engineer sends an e-mail increase a company's
legal fees, as tions. However, it also can and to a colleague saying,
`This thing attorneys are forced to come up frequently has come back to is
a total disaster,' he explains. with an explanation for the spec- h a u n t
firms during litigation. We l l , what if a disaster does ulative comment
that looks par- Because of the casualness of the occur and there's a
lawsuit? The ticularly bad on paper. medium, e-mail often is used as
plaintiff 's lawyer will trot out that The lawyer will have to really an
outlet for emotional venting, e-mail, display it on a large three- work
with that person to prepare One Road. One Many Destinations. Y The NCEES
is here to provide the roadside assistance you will our career travels an
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r l October 2005 ENGINEERING INC. 2 5
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