Homer Simpson - Think Before You Write

I don’t know whether this is really an IT Tip, but since Susan Trevarthen found this case and has co-written this one with me, we’re going with it.

Some time ago, Richard Weiss gave a presentation at the firm on email and the public records act.  Those of us at the firm at that time all got little Homer Simpson figurines to remind us about those lessons.  For anyone not at the firm at that time, yes, that’s what those things are for.  Homer reminds us to be careful putting things in email – he had his hands behind his back during Richard’s lessons, i.e., “off the keyboard.”  Good advice.

 

The city attorney in the attached case should have taken that advice.  She went off, in public email, about frustrating litigation, to a guy known to run to the press.  Read what she wrote.  We’ve all felt that way, but these cases are not our own and they are not personal.  When we make ourselves part of the problem, we have not done the job.  As Susan points out:

 

Imagine how many years have gone by, how much money has been spent, how many depositions have been taken, and how many negative newspaper articles have occurred before your conduct as a city attorney, spouting off in frustration thru email — at opposing counsel known to run to the press, no less, gets dissected by a federal circuit court of appeals? 

 

And one of those federal judges in the dissent is convinced not only that you violated your target’s rights, but also that you’re not even entitled to qualified immunity? Holy crap. 

 

I see this as one of those cases that it doesn’t matter whether you win the battle, you still lost the war. You have become the issue and, in certain situations, you’ve lost the account. I also wonder whether you might be subject to a Bar complaint, or in Florida, a charge that you have violated the state code of ethics by abuse of position as a public official. Hard to see how anything good came from venting your spleen. 

 

Nothing I might say would put it plainer.  This is exactly what Richard was warning us about.