Sample Email Disclosures: Templates for Email Footers

Do you need to have a disclosure or disclaimer at the end of your emails? Most people don’t. Still, some professionals (like lawyers) may want an email disclosure.

Email disclosures don’t have to be long and filled with a lot of legalese. However, sometimes lawyers may prefer that to make them sound more sophisticated or professional. Others may borrow a complex email disclaimer from another, thinking that the legalese is necessary to preserve some rights. I have weighed the pros and cons of having a disclaimer or disclosure in my emails, and I have decided against it.

Table of Contents

Pros and Cons of Email Disclosures

Is an email disclosure/disclaimer right for you?

Pros of Email Disclaimers

  1. Legal Protection: Disclaimers could arguably help limit legal liability for confidentiality, unintended recipients, or incorrect information.
  2. Confidentiality: Disclosures can reinforce the confidential nature of the email, reminding unintended recipients not to share or act on the content.
  3. Compliance: Some industries may have regulatory requirements that mandate the inclusion of certain disclaimers to ensure compliance.
  4. Clarity: Disclaimers clarify that the views expressed are personal and not necessarily those of the organization, preventing misinterpretation.
  5. Professionalism: Including a disclaimer may signal thoroughness and attention to detail, which can enhance professional image.

Cons of Email Disclaimers

  1. Limited Legal Effectiveness: Disclaimers often have little to no legal impact, especially if the email is already sent to an unintended recipient.
  2. Email Clutter: Long disclaimers can make emails appear cluttered, reducing readability and diluting the main message.
  3. Generic and Ignored: Recipients frequently overlook disclaimers, treating them as boilerplate text without real significance.
  4. Potential Annoyance: Regular recipients of your emails might find repeated disclaimers unnecessary and annoying.
  5. False Sense of Security: Relying on disclaimers might give a false sense of protection, leading to less careful communication practices.

Example 1: My Former Email Disclosure

In 2011, I used the following email disclosure, which at the time, was shorter and simpler than most:

NOTICES: This message, including attachments, is confidential and may contain information protected by the attorney-client privilege or work product doctrine. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message are prohibited. If you have received this email in error, please destroy it and notify me immediately. Any tax advice contained in this message is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the internal revenue code or (2) promoting, marketing, or recommending to others any tax-related matter(s) addressed here.

Other Email Disclosure Examples

Here are samples of other email disclosures in the footers of emails I have seen used by lawyers:

TO ENSURE COMPLIANCE WITH INTERNAL REVENUE SERVICE CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION, INCLUDING ALL ATTACHMENTS, IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER(S) ADDRESSED HEREIN. Confidentiality Note: This transmission may contain information which is privileged, confidential, and protected by the attorney-client or attorney work product privileges. If you are not the addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this transmission in error, please destroy it and notify me immediately at TwinCitiesFirm.com.

Example 2

CONFIDENTIAL COMMUNICATION E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

Example 3

CONFIDENTIALITY NOTICE: This transmission may contain information which is privileged, confidential, and protected by the attorney-client or attorney work product privileges. If you are not the addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this transmission in error, please destroy it and notify me immediately at TwinCitiesFirm.com. IRS CIRCULAR 230 NOTICE: To ensure compliance with Internal Revenue Service Circular 230 requirements, we inform you that any U.S. federal tax advice contained in this communication, including all attachments, is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the internal revenue code or (2) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

Example 4

NOTICE OF CONFIDENTIALITY: This email, and any attachments thereto, is intended for use only by the addressee(s) named herein and may contain confidential information, legally privileged information and attorney-client work product. If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution or copying of this email, and any attachments thereto, is strictly prohibited. If you have received this email in error, please notify the sender by email, telephone or fax, and permanently delete the original and any of any email and printout thereof. Thank you. IRS CIRCULAR 230 NOTICE: In compliance with IRS requirements, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for (a) the purpose of avoiding penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

Example 5

This is a transmission from the law firm of [firm name] and may contain information which is privileged, confidential, and protected by the attorney-client or attorney work product privileges. If you are not the addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this transmission in error, please destroy it and notify us immediately at our telephone number (###) ###-####.

Important: This material was prepared by law firm staff for educational purposes only. Use this to spot issues to discuss with your lawyer, not as a replacement for a lawyer. You should not rely on this info. It may not be appropriate for your circumstances. It may be out-of-date or otherwise inaccurate.

Aaron Hall, Business Attorney

Aaron Hall
Business Attorney
Minneapolis, Minnesota
[email protected]