To: Young Defense Attorney
From: Older Lawyer for a Co-Defendant
It was with interest that I read your "Defense Analysis, Liability Report, And Updated Litigation Budget" template report to Casualty Claims Examiner Smith at XYZ Insurance Company. Rest assured that I have deleted it. You may also rest assured that the attorney for Plaintiff Jones, who was copied on your email, will likewise delete it after reading it. I go back with counsel for Jones, and know him to be an honorable man.
When I was your age, we worried that this sort of thing would go out as a paper photocopy. Fortunately that never happened to me, but I've seen it happen to others. Isn't email wonderful?
A couple of points: You described Plaintiff Jones, based on her deposition appearance, in rather disrespectful terms. While, like you, I am not too impressed with Jones, I would tone that down in future reports. You never know who might read what you write, and there are more artful ways to describe a witness's appearance than "dirty". I would suggest "unkempt". Also, I disagree with your assessment of the value of this case, and the attitudes of jurors in Upscale County, but if your client wishes to pay more to settle this case than does mine, I am not unhappy to hear it.
And while I know that, for the rest of your career, you will carefully examine the attachments on any email before hitting "send," you may console yourself, on this Friday afternoon of embarrassment, with the thought that this isn't much of a case in any event, and that the attorney for Plaintiff Jones has been doing this for a long time. He could have guessed everything that you wrote, even without seeing the report.
See you at next week's hearing.