Out-Law News 1 min. read

Lawyer suspended over explicit e-mail cock-up


Think before you click. It's advice that Australian lawyer Patrick Smith may well wish he had taken before he mistakenly sent a sexually explicit e-mail to 30 people, rather than one intended recipient. Like others before it, Patrick Smith's e-mail has now travelled the globe, and earned him a suspension from work.

A junior lawyer with Clifford Chance, the world's biggest law firm, Smith sent the e-mail on 30th July in response to a standard leaving drinks memo from another lawyer, Venn King of Slaughter and May. The e-mail read:

"Dude, [name of female] wants some of that double penetration action, so let me know when you and the old horse fat are around."

The Observer helpfully explains that the girl is thought to be a Japanese lawyer from a different firm and that "horse fat" is a penis reference.

Unfortunately, instead of simply replying to King, Smith, making an error that will haunt him forever, clicked 'reply to all'. Thirty people received the e-mail, and it has now been forwarded worldwide.

It is likely that Venn King had an embarrassing last day at work, but Patrick Smith has found himself in more trouble. A spokesman for Clifford Chance confirmed to the Observer that he has been suspended.

The case recalls the Claire Swire e-mail, which swept the world three years ago. PR executive Claire Swire sent a sexually graphic e-mail to her lawyer boyfriend, Bradley Chait, which he then forwarded to six friends. It eventually reached an estimated one million people and led to the suspension of Chait from City firm Norton Rose, although he did, in the end, keep his job.

Smith's blunder comes hard on the heels of e-mails sent by Tory councillor Phil Grayson which included photos of the councillor dressed only is suspender belt and tights. These were forwarded on to the members of Bracknell Forest Borough Council earlier this month, leading to the resignation of Mr Grayson from the Conservative party. Mr Grayson claims that he was set up, and police are investigating.

Police investigations aside, these cases highlight a need for caution when using e-mail in a work environment. Companies in the UK have begun taking a tough approach to breaches of e-mail and internet use policies, recognising that unless they do so, the policies may be considered worthless.

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