When former FEMA Director Michael Brown sent a colleague an e-mail asking, “Can I quit now?” during the Hurricane Katrina recovery efforts, he revealed his true feelings about the situation to more people than just the intended recipient of the message. With his government status making his electronic communications fair game, Brown’s e-mail circulated through Web sites and newspapers and eventually to the Senate floor as the government probed FEMA’s fumbled response to the hurricane.

The fact that Brown’s e-mail led to bad publicity isn’t a new phenomenon. Today, the ease with which a seemingly innocent comment can become the focal point of an investigation is a serious concern for in-house counsel.