Backdating email

A client or, in the case of an in house lawyer colleague (who for the purposes of this article will also be considered a client), asks you to prepare a document and then your heart sinks as he says “oh and it has to be dated” and gives a date which has already passed.Is it legal to comply with the request or must it always be refused outright?So as can be seen, the issue of backdating can be a contentious one.It is not straight forward and can give problems to any lawyer that agrees to backdate a document, even if he makes it clear on the document that it is backdated, as he must be careful to make sure that he knows why the document is being backdated and that it is being done for a legitimate reason.The difficult question for a lawyer to answer is to what extent does he have to enquire into the veracity of his client’s statement that the document “is just recording an earlier agreement”?

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However, the actual date of signature should nevertheless be set out in the attestation clause at the end to avoid any claims that the document was intentionally misleading.Problem: There is an issue with the Outlook client for one user.When the email arrives, the notification pop up appears, but the email is not immediately visible in the inbox.A standalone LAN account was created solely for this purpose and the emails are loaded into Outlook (configured without cached Exchange mode) on a PC used solely for this account at the beginning of each month.When the scheduled emails fire off, the receiving users are responsible for replying to the emails within ten minutes of receipt.There are some ways in which the lawyer can give himself some protection in agreeing to such a request but they are not foolproof.

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