The Trouble With E-Mail
The trouble with e-mail is that you just can’t trust it. One minute it’s your friend, the next minute it’s telling everyone your deepest secrets.
Electronic Discovery
One day your company may be involved in a lawsuit and you could be required to hand over your e-mail records.
Today, litigation has entered the brave new world of electronic discovery. Courts have ruled that electronic documents have as much evidentiary value as paper documents. As a result, electronic data is now being aggressively targeted in all types of civil discovery, as well as in regulatory actions, corporate in-house investigations and law enforcement activities.
The search for electronic evidence has spawned an entire new industry of software forensic technologists who use software to systematically seek information in electronic records for lawyers’ use in litigation or criminal cases. These e-detectives can track down forgotten copies of documents or even piece together bits of deleted or damaged files. The results are sometimes astounding.
E-Mail Risks
In a lawsuit, the single most damaging form of electronic document may be the simple e-mail. There are several reasons why e-mail can be so problematic. First, an e-mail is easy to produce and even easier to send.
Perhaps because of the ease and the sense of informality inherent in e-mail, it seems to encourage careless commentary. People often say things in e-mails they would never say in person or by telephone. They may make unguarded, offhand comments that can be taken out of context in a courtroom. They may speak too candidly about a competitor or forward material that offends a coworker. They may unwittingly distribute copyrighted material or disseminate confidential or proprietary company information. All these things could be dredged up years later to build a case against your firm.
Delete Doesn't Always Mean Delete
Merely deleting potentially troublesome computer files doesn’t solve the problem. When a file is deleted from a computer, it may still be recoverable from hard drives or archived data files. And who’s to say that a copy of that flaming missive you fired off three years ago doesn’t lurk somewhere on an employee’s, a consultant’s or even a competitor’s computer? If it’s there - or parts of it are there - the digital discovery spelunkers can dig it up.
An Employee E-Mail Policy
The best way to protect yourself against potential e-mail trouble is to formulate a well-thought-out and strongly communicated written policy regarding your company’s e-mail system - and enforce it. Requiring employees to adhere to a corporate e-mail policy can go a long way to protect your company.
Your human resources, corporate counsel, and information services departments should work together to create an employee e-mail policy that sets forth company confidentiality rules and informs employees of their rights and responsibilities regarding e-mail.
Set clear expectations of employee privacy; if you’ll be monitoring employee e-mail, say so in advance. Outline specific types of e-mail that should be avoided and address content that could be considered discriminatory, obscene, defamatory of a co-worker or a competitor, or that infringes on copyrights. Additionally, to protect against viruses or breaches in security, many companies forbid employees to download software from the Internet or to open “exe.” attachments.
Some companies also use disclaimers on outgoing messages. These might say such things as “the sender does not necessarily speak for the company.” You might want to ask your attorney about the use of such a disclaimer.
Regularly communicate your policy to all employees and hold training seminars to make employees aware of the perils and problems associated with e-mail, as well as its proper use.
Such polices can be very effective: A telecommunications company successfully defended itself against a suit charging it allowed racially harassing messages on its e-mail system. The company had an e-mail policy in place that spelled out appropriate content and was able to show it actively enforced its policy and had quickly addressed the specific incident.
Practicing Safe E-Mail
Once your policies and procedures are in place, practice what you preach. Never put anything in an e-mail that you wouldn’t want printed in your local paper - or in a court record. Avoid off-color or racy humor, venting, unguarded statements and other potentially dangerous e-mail messages. When you use the company e-mail system to communicate with those outside the company, you’re perceived as speaking for the company. Remember, regardless of how you feel when you send a message or what the context, it will be taken literally in court.
If you’re in doubt about putting something in an e-mail, consider a phone call instead.
E-Mail Essentials
Develop - and enforce - an employee e-mail policy.
Establish and explain company policies concerning personal use of e-mail and privacy. If e-mail will be monitored, say so.
List specific kinds of e-mail that are not permitted.
Communicate your policy to all employees. Often.
Develop a training program about e-mail liability issues, and its use and misuse.
Have a program in place to regularly delete e-mail from all sources.
This article originally appeared in the spring 2000 issue of Communiqué, the quarterly newsletter of DPIC Companies and is reprinted in an abridged form with permission. DPIC is a professional liability insurer specializing in the needs of architectural, engineering, and environmental consultants. For more information about DPIC and free, no-obligation information on loss prevention and risk management, visit www.dpic.com.
June 23rd, 2000
Register Online for FIDIC 2000
The International Federation of Consulting Engineers (FIDIC) 2000 Annual Meeting will be held September 10-13 in Honolulu, HI. By now, your firm should have received the conference brochure for FIDIC 2000, the annual gathering of the world’s consulting engineers. ACEC is not only a member of FIDIC, it is hosting the FIDIC 2000 meeting. The Chinese and Japanese counterpart associations are also co-hosting FIDIC 2000 and will be represented by more than 100 delegates. FIDIC 2000 will be a great opportunity to network and explore the international market scene while doing your part to demonstrate the strength of the U.S. engineering industry. All ACEC members are encouraged to attend! An early-bird discount is available if you register before July 1, so visit www.fidic.com/conference/2000/default.asp to register online. Contact ACEC’s Michele Moore mmoore@acec.org, for more information.
SEI Leaders Redefine "Global"
“No longer is there a local, national, or international market. There is only a global market,” noted ACEC’s Director of ACEC Research and Management Foundation, Ben Martin, P.E., who was a guest speaker for executives attending the ACEC Senior Executive Institute (SEI) course in California. Martin, who directs ACEC’s Manila office and assists firms developing partnerships abroad, noted that the population of the world is growing at a rate that would require the design, financing, and construction of a new city the size of San Francisco every three days! With 80% of our market abroad, Martin suggested that 80% of the innovation is abroad. After highlighting an ENR article, which stated that 40% of the world’s top non-American design firms are active in the United States, Martin challenged SEI executives to think digital age, global, local presence, branding, image, and partnering. As part of a two-year training program for principals and emerging leaders, SEI focuses on the global market, public policy, advanced management, and leadership. To register as one of 26 executives meeting in Washington, D.C., from October 14-19, 2000, for the first of five SEI sessions, contact ACEC’s Maria Galvan mgalvan@acec.org. Note: a limited number of professional liability insurers’ scholarships and fellowships are available.
Contracting Update: SIC Becomes NAICS
Effective October 1, 2000, the Standard Industrial Classifications (SIC) Codes, which have long been used by engineers in government contracts, will be changing over to the new North American Industry Classification System. These changes are an outgrowth of the NAFTA agreements and are designed to assist American, Canadian, and Mexican firms doing business across borders. The size standards, i.e., the definition of a small business, attached to each industry code will not change. In the case of architectural and engineering firms, the size standards will remain at $4 million. However, the engineering industry’s code designation will change, and, as an example, the current engineering services code “8711,” will become “54133.” The following link will take you to the Small Business Administration’s website describing the changes, www.sba.gov/size/NAICS-cover-page.htm. We recommend you review which codes you might be using, as public owners are likely to start listing opportunities under the new codes starting October 1. For more information, contact Felix L. Martinez fmartinez@acec.org at ACEC.
Member Organizations Build Positive Image for Engineers Through Grassroots Grant Program
ACEC’s decision to fund competitive public relations (PR) grants to support
member organization (MO) outreach has paid many dividends. The visibility of engineers has been
increased throughout the country through the grassroots efforts of MO PR Grant recipients
participating in this program aimed at enhancing MO PR efforts.
In an ongoing campaign to disseminate the lessons learned in doing effective PR and to increase the
visibility of the many successful programs (and even the not-so-successful projects), recent grant
recipients described their programs to the ACEC membership during a panel discussion at the ACEC
Annual Conference in Buffalo. Below is a brief synopsis of some of their most interesting endeavors.
Contact the grant recipients directly if you would like more information about their programs and
practical advice about replicating their programs.
Western Region Coalition Takes Image-Building Across the States
The Western Region Coalition used its ACEC PR grant funds to develop a comprehensive Image Building
Seminar to educate ACEC members about the importance of image-building activities. The program has
been presented to more than 150 ACEC members in Nebraska, Wyoming, New Mexico, Montana, and Idaho.
The seminar includes a comprehensive workbook, developed by the Coalition, which addresses topics such as:
• Why Do Image Building?
• Strategic Steps of Image Building
• Establishing a Good Reputation
• Working with the Media
• Public Speaking Skills
According to Terri Ottens, Executive Director of CEC/ID, “the caliber of the project would never
have happened without the pooling of grant resources and funds to a coalition of five Member
Organizations.” Contact Terri Ottens at amsol@micron.net.
You have to look up to see the creative image building efforts of the Florida Institute of Consulting Engineers (FICE). As an ACEC grant recipient, they used their funds to launch a billboard campaign. Twenty-five bill boards throughout Florida proclaim the value of consulting engineers to a general-public audience.
In addition, the FICE PR team secured space at the Tallahassee airport where a 50-foot-wide engineering display informs airport users of the many attributes of the consulting engineer. “We thank ACEC for our public relations grant,” states Win Bolton, FICE Director of Programs. “We have made great strides in the past few months. None of this would have been possible without their assistance.” Contact Paul Ledford at pledford@fleng.org.
Maryland Touts Engineering Through Free Media & Strategic Ads
The Consulting Engineers Council of Maryland has been busy building the image of engineering,
thanks to grant money from ACEC. The MO produced two banners encouraging the public to “Celebrate
National Engineers Week 2000.” One was prominently displayed on a member firm’s building on a major
highway. According to Executive Director Jim Otradovec, “the banner was seen by thousands of drivers
daily and was located on a major downtown artery that is always backed up.” Their other banner was
placed on the exterior of the Engineers’ Club in downtown Baltimore.
The MO has also purchased advertising space on buses, light rail, and the subway, using the
“You Can’t…” campaign produced by CEC/MN. They also purchased the ACEC/CO public service
announcement, added their own tag line, and are now distributing it to their local media.
The MO has worked at building image in ways that incurred no expense. For example, Maryland
CEC President Bill Smith was interviewed for a local CNN news segment during E-Week. Also,
CEC of MD participated in an open house at the Engineers’ Club, where students and teachers came
and learned about engineering disciplines from ACEC members.
Finally, the Maryland MO displayed eight award-winning project panels at the Maryland Science Center.
Currently, they are trying to encourage teachers to visit member firm offices. The MO hopes that these
visits will help teachers gain a better understanding of engineering careers so that they can influence
students to become engineers. “We are expanding from very little PR to a relatively prominent program,”
states Otradovec. Contact Jim Otradovec at acecmd@aol.com.
South Dakota Exhibit Promotes Engineers' Image
The Consulting Engineers Council of South Dakota has used its grant money to obtain and furnish a display unit for conferences around the state. The MO is displaying engineering achievements at many events, including the annual Municipal League meeting, the School Board/School Administrators conference, the Rural Water Conference and others. The exhibit was on display for a full week at the Washington Pavilion in Sioux Falls in celebration of Engineers Week. The MO has achieved a major coup by receiving confirmation that the display has been approved to appear in the state Capitol Rotunda during E-week next year.
“We’re delighted with the display unit,” states Executive Director Raye Blundell. “There is no end to the possibilities.” To keep the exhibit memorable to viewers, CEC/SD provides plenty of give-away items, including literature, imprinted pencils, and laminated luggage tags. The display includes member firms’ names and towns, project photographs and three-ring binders with project photos and member firm information. “There is a lot of incentive for members to volunteer to man the booth,” reported Blundell. “The people who ‘show up’ get to open the books to their firm’s information and meet both current and potential clients.” Contact Raye Blundell at rblundel@silver.sdsmt.edu.
California Honors Media
Consulting Engineers and Land Surveyors of California (CELSOC) have used its ACEC grant money to enhance their strategic, long-term PR program. CELSOC has sent out press releases, updated its media list, hired a PR agency, developed a touring exhibit, formalized partnerships with other engineering societies, and helped distribute a video on engineering that was developed by their San Diego chapter. One of its most interesting activities, however, is the Communications Awards Program. The awards are presented to California journalists who have written articles that increase public awareness about the importance of engineering. The judging took place in March and the winners will receive a certificate as well as a cash award. The competition is promoted to editors and publishers throughout California. Contact Paul Meyer at pmeyer@celsoc.org.
New International Business Opportunities For ACEC Small Firms With TDA
The U.S. Trade and Development Agency (TDA) has shattered its price ceiling for definitional missions (DMs), creating new opportunities for ACEC members. Meeting recently with members of the International Affairs Steering Committee, TDA Deputy Director Barbara Bradford described changes to TDA’s procurement policies, raising the ceiling from $25,000 to $100,000 for DMs. Competition for DMs will remain limited to small businesses only. Steering Committee members welcomed this change as a step in the right direction: TDA’s DMs can be a meaningful component of a business portfolio, whereas previously some viewed TDA DMs primarily as a “loss leading” marketing tool. To be considered for DMs, register your firm in PRONET, the Small Business Administration’s database, at www.sba.gov. Be sure to include “TDA” as one of your keywords. You will also need to register in TDA’s database; to register and for more information, visit www.tda.gov/consultantdb or contact Michele Moore mmoore@acec.org at ACEC.
Essential to Every Firm: Finding Good People, Staffing Projects
In this age of worker shortages, it is important for you to know what will bring good people to you. If you establish the kind of environment that keeps people on the job for years, with pride and enjoyment; the kind of place other people hear about and want to join; the kind of place where everyone works hard but loves every minute, then won’t your company benefit? Get How to Become an Employer of Choice. Roger E. Herman, Joyce L. Gioia. Hard cover. 242pp, 2000. #L-2904, $30, $4 s/h. At the same time, you also want to be sure you are getting and assigning the right people to projects. Have you ever tried to manage a project without an adequate mix of personnel? It can’t be done. You need competent staff to complete every project, and if your group is like most normal staff complements, there are all sorts of things that keep staff from being there when you need them. Staff scheduling is not a black art. Assemble a first-rate team; here’s how. Get The Art of Juggling: Two approaches to staff allocation and scheduling in project management. David Stone. Soft cover. 2000. #L-365, $29 mbrs, $39 non-mbrs, $3 s/h. Order by FAX 202-789-7220 or e-mail, publications@acec.org, with Visa, MasterCard, American Express, expiration date, contact name, street address.
TOP 10 Jobs for New College Grads
The most frequent types of job offers to new college graduates and their average starting-salaries:
1. Engineering - $42,783
2. Public accounting - $37,210
3. Consulting - $45,288
4. Management trainee - $33,525
5. Software design/development - $48,099
6. Private accounting - $34,775
7. Computer programming - $44,640
8. Information systems - $43,327
9. Financial/treasury analysis -$39,229
10. Sales - $34,439
Source: National Association of Colleges and Employers (Spring 2000 Salary Survey)
Editor: Francis George (fgeorge@acec.org)
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