This post is a good reminder that disclaimers aren’t meant for other lawyers. They are meant to be read and understood by the public. The post makes these important points:
- Who is receiving your disclaimer?
- What are you disclaiming?
- Who reads it?
- Is It Consistent?
Talking about an Attorney Client Relationship NOT Enough
Many disclaimers state that when a website visitor emails the attorney from their website that an attorney client relationship has not been formed. This is not strong enough if the real issue is that the attorney is disclaiming that he is under no duty to keep the information sent confidential. I advise all my clients to follow the guidance used in this ABA formal opinion on website disclaimers.
