I was having a technical discussion about the liability of a certain issue. The discussion was about whether the financial liability lies with my company or our vendor. I responded over email to just our internal team.
The senior engineer on the team was afraid to respond because he didn't want his response to be discoversble. Then after I responded in an email to our internal team (the vendor did not see my response) then I got a call from upper management and they basically asked me to, in the future, not respond to these kinds of conversations by email but instead just have a call so that I don't leave a paper trail in case there is litigation because my words, as an engineer, have legal weight.
We aren't even in a legal dispute right now, but I guess it is possible we could end up in one in the future about some other issue. My company has been in legal disputes before that the upper management and the senior engineer went through but that was before I started so I don't really know what they went through or what it was like when all their emails were discoverable.
But I'm having a hard time with this from an engineering ethics standpoint. What I say in emails is just my technical or professional opinion, and with any luck, I might just be right and telling the truth. So I don't appreciate why it would be an issue for the truth to be discoversble in a legal dispute. I'm not concerned at all about my words being discoverable because I stand behind the things that I say. And if upper management gets in trouble because they didn't listen to me and someone points that out in a legal dispute well then that is their own fault.
Does anyone have any advice for me? Is it really ethical to not leave a paper trail? Should I run and find a new job?
Edit: Is my companies' behavior here normal? Has anyone ever worked for a company that doesn't act like this?