My late mother gave me this advice many years ago when it came to gossip: “If you have nothing nice to say about someone, say nothing at all.” Wise words.  I imagine many of you heard the same advice growing up. These words are even more important today, as we live in a connected digital world where almost nothing is private anymore.

The hacking of Sony has received worldwide attention for many reasons, one of which is that it released many personal compromising email communications of Sony employees and their high-profile clients. This could have dramatic negative impacts on everyone whose personal information was compromised. Just look at what may happen to the Dalhousie dental students about to graduate regarding alleged Facebook posts. Their careers could be over before they even start.

Now I want to leave you with something to think about: Could this ever happen to you? The answer is yes. Any email or electronic communication of any kind, including anything you may post on Facebook or any other website, could be made public one day. Imagine, something you posted as a joke five years ago could cost you a client, job or a promotion when someone decides to Google your name.

If you work for any company, assume that your boss is reading every email that you send, because the company has the right to see what you are doing on their time. Also assume that if you are regulated by any professional standards organization, such as lawyers, doctors and real estate salespeople, that your communication could also be the subject of a complaint made against you.

Remember that anything negative that you post online can also severely affect the person or company you are talking about, especially if the comment goes viral. Is this really what you intended?

I recall a Real Estate Council of Ontario discipline decision from 2002 where two agents were competing for a listing. One of the agents stated the following to the seller about the agent he was competing with:

1. That although the agent had a lot of listings, he did not sell many properties because he offered buyer agents commissions that were too low;
2. That the high number of listings carried by the agent meant that he was too busy to provide proper service to his clients;
3. That his actual sales in the area were much lower than the other agents; and
4. That he would be out of business within six months.

The salesperson had to pay a fine when this came before the discipline hearing. The main point to remember is that this did not help him get the listing, as it was the seller himself who disclosed this to the other competing agent.

Here are six things to remember as you communicate this year:

1. Never write an email or other electronic communication of any kind when you are angry. That is when you are likely to make a mistake that you will later regret.
2. Do not copy anyone on an email or other electronic communication unless they really need to see it.
3. Use the phone or go speak in person when the matter is sensitive. It is much more effective and personal and you will have the person’s undivided attention.
4. Explain all of this to your children as well. Teenagers can be especially cruel on social media. This can later harm them when they grow up and try to get a job.
5. Do not disparage your competitors. Demonstrate your own value proposition, why you are different.
6. If you have nothing nice to say, just delete it before you send it.

Mark Weisleder - Senior Partner, RealEstateLawyers.ca LLP

Mark Weisleder is a senior partner, author and speaker at the law firm RealEstateLawyers.ca LLP. Contact him at mark@realestatelawyers.ca or toll free at 1-888-876-5529.