Preparing Emails in a Law Firm Office - Key Concepts

Overview

• Purpose of the session: guidance on how to prepare emails in a law firm context and when email is appropriate versus other communication modes.
• Core idea: in business generally email is common, but in law firms email use is more limited and requires careful consideration of suitability, confidentiality, and privilege.
• Key decision point: before writing, decide whether to use email at all and, if so, what the best channel is for the information to be conveyed.
• Final goal: develop a prudent, compliant approach to drafting, sending, and filing emails that protects privilege, maintains professionalism, and supports effective client service.

Should I use email? Alternatives to consider

• Always ask: should I use email for this purpose? Consider the purpose and audience.
• Alternatives to email: telephone call, letter, face‑to‑face meeting, or Zoom.
• If email is chosen, plan content and delivery to maximize appropriateness and minimize risk.
• In some cases, email may be appropriate for part of the communication but not for the entire message.

Email content protection and disclosure

• Consider protecting content with a disclaimer; many firms include a disclaimer in the signature block.
• Even if a disclaimer is standard, assess whether additional protective measures are needed for the specific communication.
• Disclaimers may be included automatically; still, review the content for sensitive information.
• There are times when information should be communicated by another method rather than email.

What to do if you decide to use email

• Once you decide to use email and have the disclaimer under control, focus on editorial changes to improve success.
• This session will cover how to draft effectively and avoid common pitfalls.

Advantages of email (review the positives)

• Easy to use: email is simple and convenient in a busy law firm.
• Permanent record: creates a verbatim record of what was communicated, which can be helpful for reference (and also a risk if misused).
• Efficient: can be quicker and less interruption-prone than calls; recipients can read at their convenience.
• Cost: generally free relative to other communication modes (no travel or substantial expenses).

Disadvantages and risks of email

• Easy to miswrite: errors can be permanent and hard to retract due to the permanent record.
• Potential for career or case damage if emails are inappropriate or inaccurate.
• Forwarding risk: clients or recipients may forward emails, which can undermine privilege and confidentiality.
• The recipient might find email ineffective if used inappropriately or if it lacks necessary context.
• Privilege risk: forwarding to opposing counsel can waive attorney‑client privilege.
• Auto-complete errors: risk of sending to the wrong person if names are similar (e.g., Bob Smith vs Bob Smitty).
• Email can bypass the nuanced tone and context available in live conversation, leading to miscommunication or offense.

Strategic considerations for choosing the right medium

• Always consider the boss’s perspective: what would the supervising attorney do in this situation?
• Safety first: email is usually not the safest option for sensitive or privileged information; telephone, letter, or in‑person may be safer.
• Consider the recipient: if the recipient tends to forward emails or is likely to misuse information, tighten the scope of the content or choose another medium.
• Client preferences: some clients prefer telephone or letter; discuss preferences if possible and tailor the approach accordingly.
• If the matter is complex, email is less effective due to nuances and back‑forth; prefer real-time discussion.
• If miscommunication risk is high, escalate to a phone call or meeting rather than continuing email back and forth.
• Tone matters: email lacks facial cues and tone; avoid phrases that could be interpreted harshly; aim for courtesy and clarity.

Handling back-and-forth and ethics of tone

• Email can encourage stronger or inappropriate language since the other party cannot hear tone; avoid content you wouldn’t say face‑to‑face.
• If an issue is hard to address, use a phone call or meeting rather than relying solely on email.
• If you need to ask someone to do something, consider whether a direct conversation is more effective for hard asks; use email to schedule or confirm a conversation when appropriate.

When not to use email

• If the matter is sensitive, privileged, or confidential information should be avoided via email.
• For complex or nuanced topics, email is typically insufficient to convey all details and to capture feedback.
• If you anticipate difficulty in achieving a quick, clear resolution through email, switch to a real-time dialogue.

Timing, tone, and readability guidelines

• Length: emails longer than about 3 paragraphs are generally not effective; consider scheduling a call instead.
• If you must cover many points, use a phone call or meeting to discuss, not a long email.
• Keep the information focused: avoid discussing complex or sensitive matters over email.
• Clear purpose: if the goal is to obtain a response, ensure the recipient can respond succinctly (ideally in 3 sentences or fewer).
• Closed-ended questions (yes/no, discrete choices) work well in email; open-ended questions (why/how) are better discussed verbally.
• Ensure all information needed to respond is included in the email; anticipate what the recipient needs to know.
• Consider having someone else read the email to ensure clarity and completeness; revise as needed.

Drafting and proofreading process

• Draft, then read, then read again with a pause between reads to catch errors.
• Compose in a word processor first to check grammar and typos; paste into email system when ready.
• Read from the recipient’s perspective; anticipate questions and concerns they may have.
• If the recipient has a different personality, tailor tone and clarity accordingly.
• Aim for formality and politeness in business emails; when in doubt, err on the side of formality.
• Use clear, explicit language; keep sentences short and paragraphs concise for quick comprehension.
• Use complete sentences; avoid fragments and phrases; ensure proper grammar and punctuation.
• Never use LOL or similar abbreviations; avoid exclamation points; maintain professional tone.

Phrasing, structure, and formatting conventions

• Font: Times New Roman, 12 point; set as default in your editor if possible.
• Keep content aligned to the left margin; avoid unnecessary indentation for email use.
• Formatting should be minimal; bold/italics/underline are allowed, but avoid heavy styling that detracts from readability.

CC and BCC: definitions and usage

• Definition of recipients vs CC vs BCC:
  • Recipient: the primary addressee; salutation and addressed in the main line.
  • CC (Carbon Copy): recipients who should see the email; they can see who else is CC’d.
  • BCC (Blind Carbon Copy): recipients who receive the email without being visible to other recipients; their addresses are hidden from CCs and the primary recipient.
• Example to illustrate (transcript’s scenario):
  • Recipient: Bob Smith (main addressee).
  • CC: Pooja Gruber (pujo.groover@pugsrs.com) is CC’d; Bob Smith can see that Pooja is receiving the email and Pooja can see Bob’s receipt.
  • BCC: Susan Harris (susanharris@yahoo.com) is BCC’d; Susan can see that Pooja is being emailed and that Bob is receiving the email, but she is invisible to the CCs and to the recipient.
• Practical notes:
  • Use CC to keep stakeholders informed without making them primary recipients.
  • Use BCC to protect confidential communications (e.g., to the client) or to prevent the recipient from seeing who else received the message when that is strategically important.
  • Always be mindful of visibility and privilege implications when using CC/BCC.

Filing and record-keeping

• Email is a permanent record; you should file emails in the appropriate matter or class folder.
• Do not delete emails simply because a matter is closed; retain them for future reference.
• Regular housekeeping: allocate time (e.g., weekly) to file and organize emails into the correct folders.

Practical takeaways and cheat-sheet prompts

• First question: Is email the right medium for communicating this information?
• If the matter is sensitive or privileged, do not use email; consider other channels.
• For complicated matters or anything requiring nuance, avoid relying solely on email.
• If the reader dislikes email or has a history of ignoring emails, choose another channel.
• If you still decide to use email, read and revise before sending; aim for clarity and brevity.
• Prefer scheduling a conversation when an uncomfortable or sensitive topic needs to be discussed.
• Consider the recipient’s preferences; tailor the approach accordingly.
• Use a calm, respectful tone and avoid content you wouldn’t say face‑to‑face.
• For drafting, write, then read, then revise; consider the recipient’s potential questions and the information they need to respond.
• Maintain formalities and courtesy: use please, thank you, conditional phrases like “if you wouldn’t mind,” and express appreciation.
• Tone signaling: balance politeness with brevity; avoid overly casual language or slang.
• Writing style guidelines for emails:
  • Short sentences and short paragraphs.
  • Complete sentences; no heavy use of fragments.
  • No exclamation points; no LOLs; avoid excessive capitalization.
• Common writing standards in this course:
  • Times New Roman, 12 pt; default font; left-aligned text with no unnecessary indentation.
  • When possible, keep emails concise and easily scannable for quick understanding.

Scenario-based guidance

• If the matter is urgent but not highly sensitive, a phone call may be faster and clearer than a prolonged email thread.
• If the information could be misinterpreted or requires immediate feedback, prefer live communication (call/meeting) instead of email.
• If a client requires frequent back-and-forth but you want to protect privilege, consider limiting sensitive content in emails and using follow-up calls for substantive discussion.

Final reminders

• Email is a powerful tool but carries significant risk in a law firm context; use it thoughtfully, intentionally, and in alignment with firm policy and supervision.
• Always align with the supervising attorney’s expectations and the client’s needs and preferences.
• Treat each email as part of a longer documentary trail; ensure accuracy, clarity, and completeness to prevent misunderstandings and disputes later.

Quick checklist (recap)

• Is email the right channel for this information? A, B, or C? (consider alternatives)
• Is the content sensitive, privileged, or likely to be forwarded? If yes, avoid or limit content.
• Is the matter complex or nuanced? If yes, do not rely on email for the full message.
• Will the recipient be comfortable with email? If not, choose another medium.
• Can you convey the message in 3 sentences or less? If not, shorten or schedule a conversation.
• Have you included all necessary information for the recipient to respond?
• Have you reviewed for tone, politeness, and clarity? Have someone else read it if possible?
• Is the email formatted in Times New Roman, 12 pt, left-aligned, with proper punctuation and complete sentences?
• Have you considered CC and BCC appropriately and ethically?
• Have you filed the email in the correct matter folder and considered retention requirements?