A nightmare for a Florida law firm could be a wake-up call for New Jersey attorneys. A Florida appeals court recently refused to overturn an order denying the reopening of an earlier order assessing attorneys’ fees that could be in seven figures, which the law firm had intended to appeal. The problem was that its spam filter culled and deleted the original order, and the time to appeal had long since passed.
The appellate court noted that the firm had made a conscious choice to use the defective spam filter system, which lacked safeguards that permitted review and restoration of deleted emails. The firm specifically rejected an IT consultant’s advice to install a backup system costing $700 to $1,200 per year. Instead, the firm chose a system that would drop and permanently delete spam email without notice to the recipient.
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