Monday, February 12, 2007
Color me skeptical. The Law Blog of the WSJ is reporting that a retired Gibson Dunn partner sent a "FY" note on behalf of GE to a prevailing litigant. Nice press and all, and definitely involves the civility and professionalism issues we have been raising lately. But I think we will soon find out that it was sent out by a prankmail site and is not really his. It's just too easy to do this now.
I am not naive about the possibility of somone saying the fword in an email, but I honestly do not see an experienced lawyer naturally saying "on behalf of" a client when he or she does not personally represent someone. Even if the fword is now reflexive in society and even in the profession, I just believe a lawyer's DNA has no room for such gratuitous agency lingo. That is the alarm to me. Prove me wrong.
[UPDATE: I now have it on very good authority that I am wrong, that the email is real, and that Jeff
can still use the example in teaching apparent authority. And my off-the-record source is not even named Scooter or Deep Throat, nor for that matter is it Tim Russert.]