In a time when email is increasingly used for correspondence once reserved for snail mail, what do you do when you need to be sure the other party received your correspondence? Many law firms and corporations still use regular certified mail, return receipt requested. But what if that is impractical?
In a recent article in Inside Counsel, the author explored the growing options for software to send “registered email.” In this article the need for authenticated email is explored in two different scenarios, to prove insurance claims, and to admit emails in accordance with the Federal Rules of Civil Procedure (Lorraine v. Markel).
In the first illustration, authenticated email allowed a brokerage to prove that they timely reported a claim to an insurance carrier, thus avoiding a costly lawsuit. In the second illustration, the lack of a registered email system led the District of Maryland, Chief Magistrate Judge Paul Grimm to rule that emails were not admissible in a case because neither party provided any proof of authenticity (even though neither party challenged the authenticity). As a quote in the article states, “If you’re going through the e-discovery process, you might as well spend the money and do what you can to make sure your evidence holds greater weight than that of the other party.”
The article provides some excellent information on some different programs and packages available.