Email has drastically changed the way we practice law and, as young lawyers who grew up with email and texts, our casual way of conversing electronically can lead us into murky waters of unprofessional or sloppy emails.  Here are a few suggestions to guide your email drafting in a professional setting:

1. Use a clear Subject Line: Business Insider[1] tells us in its interview of Barbara Patcher, author of “The Essentials of Business Etiquette” that “People often decide whether to open an email based on the subject line.”  References to cases or matters should be clear to the intended recipient and easily searchable based upon the reader’s preferred manner of labeling.  For example, an insurance adjustor may track emails by policy number or claim number.  A state attorney may track by case number and a private citizen in a family matter may simply reference a name or “estate.”  Be mindful and considerate in the way that you label your subject line, so your intended recipient can easily search and sort their inbox by the matter.
2. Choosing the right Addresses: To:? Cc:? or Bcc? Emily Post, etiquette guru, states: “Address with Care: When sending an email to a long list of recipients, don’t put all the address in the “to” and “cc” lines. Most people don’t want their email addresses displayed for all to see.” [2]  If you are not blind-copying a list of recipients, consider rank or authority in each line.  For example, when addressing a lead attorney on a civil matter in which office staff is copied for completeness, consider putting the lead attorney first in the “To” line, followed by a supporting/associate attorney working the file.  In the “Cc” block, consider copying the paralegal, then the legal assistant, and then whatever designated service emails requested by opposing counsel.  Although the associate very well may be more likely to reply, showing the lead attorney deference is proper. As always, PROOF your addresses, especially where your email program auto-populates addresses.  If I had a nickel for every time I received an email to another “jsmith@___fill in the blank_”, I would be on vacation somewhere instead of writing this.
3. Use a signature block. Signature blocks help remind your reader of your role and are also helpful when needing to quickly search for a phone number. Have you ever had to read through 14 replies, each without a signature block to find the phone number of the person you were emailing with? From your iPhone? Ugh.  Signature blocks are also a great place to include confidentiality notices and legal disclaimers instead of copying and pasting each time an email is sent.
4. Be mindful of content in emails. Would you want it attached to a Motion? Reviewed in camera as part of discovery dispute? Presented to the Bar as part of a grievance? Read by your client when they request a copy of their entire file? Some conversations, such a sensitive issues or perhaps something your client doesn’t want in their file should be had over the phone.  Remember the (new) golden rule: “Dance like no one is watching; email like it may one day be read in a deposition.”  And as always, for those who represent public entities, be ever cautious of Florida’s broad public record laws.
5. To “Reply All” or not to “Reply All?” If you cannot “Bcc” recipients as mentioned in Rule #2, be courteous when using the “Rely All” function.  No one wants to read 37 congratulations messages in response to a mass email announcing a birth, or 22 dates and times for a conference call in response to a request.  If everyone on the list doesn’t need it, don’t send it.  Reply to the sender and the parent of the new baby. Also, a mistaken or hastily drafted “Reply All” presents a danger if one isn’t paying attention to the entire list of recipients.  If opposing counsel was copied in a scheduling email, for example, an inadvertent reply all with substantive information about the case could lead to disclosure of attorney work product.
6. Take your time. Email has provided our clients and opposing counsel with instant access to us.  The instantaneous gratification aspect of email can create two major problems.  A) Over-accessibility.  Responding instantaneously may please many of your impatient clients, but it may also create an expectation that you are always available, regardless of the time.  Consider overseeing these potentially unrealistic expectations by deciding when and how to reply to non-urgent emails.  Of course, there may be times when answering 3:00 a.m. emails is simply part of the job, but responding to requests to schedule an informal conference call can probably wait until the office opens and you’ve had a cup of coffee.  B) Knee-Jerk Reactions.  Have you ever received an impolite or aggressive email from opposing counsel and felt the urge to immediately respond in a like manner? Don’t let the temptation of a quick email take away from thoughtful analysis of the content of the email, its tone, and proper grammar and spelling.  Remember, our predecessors had to put everything on letterhead and then the send correspondence by burro up three mountains in the snow… you know what I mean: they had time to think.  Take your time: your work product will be better for it.
7. You’re not a robot. Emails have changed the way we practice, but we are HUMAN after all.  Never forget the value of a face-to-face meeting over a cup of coffee, a phone call to discuss the weather when you are reminding someone of a discovery deadline, or a handwritten note to say thanks.  Your staff may respond better to a polite conversation in the hallway as opposed to a curt email.  Clients will appreciate hearing your voice or putting a face to a signature block and you may be able to work through discovery disputes or narrow issues with opposing counsel without the formality of four rounds of written objections.  In a profession where technology is quickly replacing the need for lawyers, make yourself a commodity they can’t buy online: someone with personality.
    

Jen Smith is a Partner at Southern Trial Practice | PLC, where she practices commercial litigation and personal injury and premises liability defense.

[1] http://www.businessinsider.com/email-etiquette-rules-every-professional-needs-to-know-2016-1/#1-include-a-clear-direct-subject-line-1
[2] http://emilypost.com/advice/email-etiquette-dos-donts/