Every email you send is a potential Exhibit 12. State facts, never opinions or conclusions.
Garrett Mott, a construction trial lawyer at Hennigh Law, tried a case where a PM of about 25 or 26 had sent five emails, probably dashed off at the end of long days, asking things like whether the team was still using the bad stuff. Those five emails became Exhibit 12 in the trial, and when Stephen asked what they cost, Mott put the number at about 30 million dollars. He has watched the same pattern decide other cases, including a subsidence claim he settled largely because a young city superintendent had emailed, about a retaining wall barrier, should we be putting this stuff on the bottom here even though we know it fails. His rule for PMs and supers is observe and report: emails should state facts, never conclusions or opinions, because one day they go up on a courtroom projector in front of a jury.
"Superintendents, PMs, you need to think every time that you send something. I know it's a little scary to think, but every time you send something, think, is that gonna be exhibit 12?"
Garrett Mott · 26:00
The move Before you hit send, strip the email down to what you observed: dates, names, events. If a question needs an expert answer, route it to the architect, engineer, or supplier who owns that lane instead of stating your own conclusion.
Garrett Mott · Construction Trial Lawyer, Hennigh Law · Hear it at 26:00 →
