Are you defaming your client?

It's amazing how often file notes demonstrate the "them and us" attitude adopted by some lawyers to their clients. It's even more amazing that those lawyers forget that these notes will be discoverable if they ever are in a dispute with the client regarding costs or conduct. I have seen quite defamatory file notes including descriptions of clients ranging from "evil" to "an absolute nutter" and other descriptions that can't be published in a family friendly blog!

Emails are a particular problem. There is still a prevailing mentality that they are not "formal" documents. Internal emails are the worst - there is a overwhelming belief they are "private" and unless they are released by mistake - that unfortunate hitting of the reply to all button or the like - they will never be seen other than the sender and recipient. Again, such emails are discoverable in a myriad of circumstances, and most commonly in client disputes.

We should be working with our clients - not against them.
If you can't stand the client, you shouldn't be working for them. Life is too short.