Comprehensive Notes on Email Use in a Law Firm

Do I use email in a law firm?

• Email is very common in business, but law firms use it less often and reflect carefully on whether it’s the right tool for a given piece of information.
• Before composing, ask:
  • Should I use email for this purpose?
  • If yes, what are the alternatives (telephone call, letter, face-to-face meeting, Zoom)?
• If you decide to use email, consider protecting content with a disclaimer. Often the disclaimer is in the signature block, but assess whether you need more than the usual disclaimer for this particular message.
• When starting out, think about whether the usual disclaimer suffices or if a different method would better serve the communication.

Alternatives to email and decision framework

• Alternatives include: telephone, letter, face-to-face meeting, Zoom.
• Consider whether email is the most effective channel for the information you’re sending before you begin.
• Think about how your boss would view your choice: would they approve or see it as risky? An easy mental model is: what would the boss do if they were on your shoulder?
• Evaluate safety: email is usually not the safest method except for routine information. Safer options include a telephone call or a letter, depending on the matter.
• Consider the recipient: will the recipient forward the email? If yes, you must limit scope and sensitivity, or choose another channel.
• For sensitive or confidential attorney-client communications, email is often not appropriate.
• If the matter is complex, email is unlikely to convey nuances effectively; better to have back-and-forth via conversation to capture tone, questions, and understanding.

Benefits and downsides of email

• Advantages:
  • Easy to use; efficiency in tough legal environments where time matters.
  • Permanent record: a word-for-word trace of communication exists, which can be both positive and risky.
  • Quick; can save time and reduce charges when used well, as email is inexpensive compared to in-person meetings or travel.
  • Free (relative to other tools that incur travel or other costs).
• Disadvantages and risks:
  • Easy to write incorrectly; once sent, the record is permanent.
  • Potentially devastating consequences if sent inappropriately (career, case implications).
  • Forwarding risk: recipients may forward emails, potentially waiving attorney-client privilege if the information is shared with others.
  • Auto-complete and misaddressing risk: sending to the wrong person (e.g., mistyping or autofill) can breach privilege.
  • Tone and nuance are hard to convey; misinterpretations can arise because emails lack voice and body language.
  • If the message is not carefully crafted, it can create miscommunication and hurt feelings.
  • Not ideal for complex or nuanced topics; back-and-forth discussion is often more effective.

Privilege, forwarding, and misaddressing safeguards

• Assume the client may forward the email to others; limit sensitive content accordingly.
• If you hesitate about including information, remove it from the email or choose another channel.
• Privilege can be waived if the email is sent to the wrong recipient (e.g., selecting the wrong Bob in autofill). Example: sending to Bob Smith when the intended recipient is Bob Smitty can waive privilege for statements in the email.
• Avoid including anything you wouldn’t want opposing counsel to see.

Reading the room: who you’re communicating with

• Consider the recipient’s preferences and history with email (quick responses, ignoring emails, etc.).
• If a client regularly responds slowly or not at all, consider a different channel (phone call or letter).
• Ask clients about their preferred communication method; it’s not strictly email vs. else—sometimes a mix is best.

Tone, formality, and style in business emails

• Tone is hard to gauge in email; indicate goodwill through careful wording:
  • Include polite phrases such as "please" and "thank you;" include courteous hedges like "if you wouldn’t mind" or "I would appreciate it if…".
• Be mindful of length: keep sentences short and paragraphs short for readability.
• Maintain formality: err on the side of formality when in doubt.
• Avoid casualities or emojis; do not use LOL or exclamation points in professional emails.
• Use complete sentences; avoid fragments that create ambiguity.
• Use formal punctuation, grammar, and spelling; avoid casual shorthand.

Formatting and font guidelines for this course

• Preferred font and size:
  • ext{Font} = ext{Times New Roman}, ext{Size} = 12 ext{ pt}
  • Set as default if possible; some systems may lock to another font.
• Alignment and layout:
  • Left margin only; no unnecessary indentation for normal emails.
  • Bullets are acceptable; simple structure is best for readability.
• CC vs. BCC:
  • Regular recipient: the person to whom the email is primarily addressed; the salutation addresses this person.
  • CC (carbon copy): people who should see the email; they can view the email and who else is included, but are not the main recipients.
  • BCC (blind carbon copy): recipients who receive the email without others knowing that they are receiving it; useful for privacy or discreet client communications.
• Practical example:
  • If emailing Bob Smith and including a client and another party, you may CC a third person and BCC the client so that the client knows the message is sent without revealing to others that they are included? The transcript explains: the CC sees who the email is to; the BCCs are invisible to CCs and recipients; the recipient can see who is CC’d but not BCC’d.
• File management:
  • File emails in the matter’s folder or class file; emails are permanent records; do not delete after the matter ends.
  • Set aside regular time (e.g., about an hour per week) to file and organize emails for easy retrieval.

Practical steps and a cheat sheet for emailing in a law firm

• First question: is email the right medium for this information?
  • If the matter is sensitive or privilege-bound, or if it is complex or requires back-and-forth, email is often not the best channel.
  • Use email to schedule meetings or for routine updates, but avoid sensitive or complex communications.
• If you decide to use email:
  • Read and rewrite: draft, then reread at least once; consider editing in a word processor to catch typos and grammar before pasting into email.
  • Read from recipient’s perspective; assess how they would respond and whether the message is clear.
  • If the recipient is likely to dislike or misunderstand the message, consider alternative channels.
  • Keep content concise, with a clear ask and a defined outcome.
  • If in doubt, seek a second pair of eyes to review the draft.
  • Use a formal and polite tone to minimize misinterpretation.
  • Short sentences and short paragraphs improve clarity; avoid long, complex sentences.
  • Do not use casual abbreviations or slang; maintain professional language and structure.
  • Refrain from exclamations; maintain a professional tone.
  • If the message asks for a response, ensure the recipient can respond succinctly (three sentences or less) for simple asks; more complex queries may require a conversation.
• Quick rules of thumb:
  • If you need a response, and the recipient can answer in 3 sentences or less, email is appropriate for a simple decision (e.g., dinner choices: “… should we do Mexican or Chinese tonight?”).
  • If answering requires more than 3 sentences or involves complex reasoning, use another channel or schedule a discussion.
• Clarity and completeness:
  • Include all necessary information the recipient needs to respond; otherwise, you’ll generate follow-up emails.
  • If unclear, have someone else read it or put yourself in the recipient’s shoes and anticipate questions they might have.
• Final process when emailing:
  • If you intend to use email, ensure clarity, brevity, and formality; provide all needed information; anticipate the recipient’s questions; and keep the outlet appropriate to the matter.
  • For sensitive or complex matters, do not rely on email alone; consider a call or meeting to convey nuance and context.

Additional considerations and wrap-up

• Before sending:
  • Consider whether tone could be misinterpreted and adjust language to avoid hostility or impatience.
  • Ensure you are not requesting something that would be inappropriate to reveal in email.
  • Confirm that the content would stand up if forwarded to unintended recipients; keep sensitive information limited.
• After sending:
  • File the email under the relevant matter’s folder; treat email as a permanent record.
  • Periodically review stored emails for organization and retrieval efficiency.

Summary checklist (cheat sheet)

• Is email the right medium for this information? If sensitive or complex, lean toward non-email methods.
• If using email, can the recipient answer in 3 sentences or less? If yes, it’s a good topic for email; if no, consider alternate channels.
• Have you included all information the recipient needs to respond? Have someone else review if possible.
• Is the tone appropriate and professional? Use polite phrases and avoid aggressive or casual language.
• Are you keeping the content concise and readable? Short sentences, short paragraphs, and clear structure.
• Is the content free of typos? Draft in a word processor, then paste into email.
• Are CC and BCC used appropriately and with awareness of privilege and visibility?
• Is the subject matter suitable for email, particularly with respect to privilege and confidentiality?
• Have you aligned with client preferences and office culture? Consider asking the client about their preferred method of communication.
• Have you filed the email in the correct matter/class folder for future reference? Schedule time to file regularly.

Notation and small reference facts from the transcript

• Paragraph limit guideline for emails: at most 3 paragraphs; otherwise schedule a call or write a more concise email.
• Response guideline: use closed-ended questions for simple answers (yes/no); avoid asking why/how in email when possible.
• Formality guideline: default to more formal and polite language to avoid misinterpretation.
• Typographic guideline: Times New Roman, 12 ext{ pt}; left-aligned; avoid bold/italics unless necessary for emphasis; minimize formatting.
• Example scenario (CC/BCC):
  • Bob Smith is the primary recipient; CC might include the client or other parties; BCC hides the client from others while still delivering the email to all recipients.
• Example of misaddressing risk: auto-complete could send to the wrong Bob (e.g., Bob Smitty) and waive privilege for the entire email.