Career Center, Career Files, Lawyers

12 Email Fails And What They Say About You

Email fails are far from being an affliction of millennial lawyers alone; indeed, lawyers have been failing at the art of communication since their lips started moving.

By  
on

bar exam email

Email Revelations for Lawyers, Law Students, and Everyone Else Too…

A redundancy for your consideration: Sloppy Email.  Certainly, things are messier with the proliferation of lawyers tapping out messages on devices from “outside the office” (e.g., in bed, on the F train, from the nice restroom on the second floor).  But email fails are far from being an affliction of millennial lawyers alone; indeed, lawyers have been failing at the art of communication since their lips started moving.

So, until there is mandatory CLE required before allowing lawyers access to those dangerous email features known on the streets as “Reply All,” “Forward,” and (eek!) “BCC,” let’s point a few fingers and lay a few ground rules.  You can disagree, but at the very least, you’ll learn a potential perception you put out into the world, and why everyone at the Keurig machine suddenly stops talking when you come by for a caffeine fix, while trying to remember what it’s like to have an actual person-to-person dialogue.  Like, IRL.

Fail #1: Signing Off 

You enjoy sharing your textual passion for Confucius, Aristotle, Oliver Wendell Holmes, or Maya Angelou at the bottom of every single email you send.

Perception: You’re the most clever lawyer in Kindergarten.

Sponsored

Let’s agree that your quotation, as beloved as it may be, cannot possibly hit all the right notes of seriousness, thoughtfulness, and grace for each and every email you send to a variety of audiences. If we’re being honest, it probably doesn’t score two of the three. And, even if it did at one time, by its very repetition, it won’t by its 39th.  Save it for your personal email, if you must save it at all.

Fail #2: Blame Autocorrect 

Your emails have spelling, grammar, and punctuation errors.

Perception: You’re dumb.

You are an attorney, using your business email account, being paid to represent other human beings: get it together.  You will be judged on your ability or lack thereof to conform to the basic rules of the written English language.  There is no excuse, because the intelligent reader notices an incorrectly spelled word, a misused contraction, an email written with all lower-case letters, and so on.

Sponsored

You have to draw the line somewhere — draw that line high, and demonstrate to your clients and colleagues why you are being paid to write and speak on behalf of others.  No one is expecting that every email you compose is going to be ultra-formal, but keep it classy, and protect yourself from coming across as unlearned.  No one finds it cute, and no amount of speed in your response time is worth the compromise.

Fail #3: Sent: From your iPhone

Perception: Phones can send email?!

Unless you’re on the payroll of Apple or Samsung, there’s no need to give them a shout-out at the bottom of your work emails.  They don’t need the extra advertising; similarly, you don’t need to advertise the fact that you’re not in your office at your work computer.

Fail #4: Say What?

Your email is inappropriate, to the extent it says anything you wouldn’t be proud of, if you were forced to read it out loud to an audience of your boss, your mom, and anyone mentioned in the message.

Perception: You’re fired.

Sure, it’s easier said than done (and, literally, this is the problem), but if you must utter something unkind, pick up the phone you’re tapping on and use the actual phone feature.  Here you are, working on a lawsuit, combing through discovery emails containing inflammatory, illegal, and rude things.  How exactly did they get there?  Hmmmm…  Privilege doesn’t cover everything, friends, and that doesn’t even scratch the surface of less-than-litigation quagmires into which a careless email can get you.  There is no reason to be anything but your absolute best self in email.

Fail #5: CC

For the children, this used to mean ‘Carbon Copy’ (NM, it’s not important…).

Perception: Stop.  Collaborate.  And listen.

Figuratively, the entire legal community will appreciate it if you take an extra moment and think about to whom you address your email.  The “To” line is for the essential, intended audience.  Generally, it should be in order of most senior recipient down.  The “CC” line is for others who need to read the email, but are collateral and whose replies are not needed.

If you are that lawyer who never responds to an email without CCing six people, stop doing that.  CC lines that do not inspire joy should be set free.

Fail #6: BCC

A story told in three acts (with special guest appearance by Drunk Uncle Reply All).

Perception: Stop. In the name of love.

  •  Check if your email system is one which allows the blind-recipient to Reply All back to the original addressee (the one who wasn’t supposed to know about the existence of the blind-recipient)…

For example, you write an email to another associate and throw them under the bus (“just a reminder, your part of the brief was due last Friday…”).  You BCC the partner because aren’t you sly?  Can the partner see all of the addressees and hit “Reply All?”  If so, they will, and, therefore, never BCC.

  • Even if there’s no way to Reply All, never BCC.

The partner can still hit “Reply,” add back other recipients, and, at least in some email systems, the original message will persist underneath.  The partner is likely oblivious that she was a blind-recipient in the first place and/or totally uninterested in your slyness.

  • Lawyers live for exceptions, and there is an important one here to the BCC ban.  It is where BCC is employed not in order to secret away a recipient, but rather to email a large group or list serve and (do your best to) intentionally disallow write-backs.

In this case, this is the preferred method.  Where this method is not available, and an email must be sent directly to a very large group of people, you as a recipient should, nay, shall, use all of your willpower NOT to hit “Reply All” and message the massive group.  (“Thanks, Karen, this is super helpful!!”).

Fail #7: Font Farewell

Your email contains fonts that are huge or crazy/weird/cursive.  This includes, but is absolutely not limited to, your script “signature name.”

Perception: We can’t even.

We literally cannot.

Fail #8: Left Hangin’

You let someone important send the last email.

Perception: You’re disrespectful (insolent, unappreciative, etc.).

It is a basic sign of respect and good professional manners to never let anyone you have an interest in impressing send the last email.  Of course senior coworkers and clients, but further, this should include virtually everyone except, on occasion, direct collaborators, and folks who report to you or that you pay for services (this courtesy allows them to send the last email).

Even if it’s just to say thank you — having the “last touch” is a courteous signal of deference. This of course cannot happen ad infinitum (and some will surely contend that this creates needless emails), but…  Know the perception, dear reader.  Taking a thoughtful step is neither needless, nor happening as frequently as many imagine.

Fail #9: The Forward

I send you a detailed email, which includes, for example, a directive to remind the partner of an upcoming court deadline.  You forward to the partner and write “See Below” or “FYI.”

Perception: You’re insensitive and lazy.

Forwarding is surely a handy tool used in the right context, but don’t use it as a short-cut where you expose the original author in a careless way.  The fact that I asked you, and did not simply include the partner on the email, means that (i) I used language in the email I would not directly write to the partner, and (ii) that I am entrusting you to take my note and translate it properly for the partner.  You have now taken content meant only for you, and shared it with someone else without my permission.  I am probably embarrassed for both of us.

Fail #10: Green Pleas

The struggle is real — what to do about this distressing, on-the-fence feeling, over whether or not to print out your email??  On the one hand, I may want to read it later, on paper… On the other hand, if only someone would suggest whether or not I should print it out…

Perception: Earth Day 1996 called, and it want its AOL campaign back.

Fail #11: Since U Been Gone

Your Out-of-Office reply tells us about your “limited access to email.”

Perception: LOL.

You’re still in the Milky Way, right?  Great. Just tell us when you’re back to business, and have a great time.  You deserve this!  Lawyers’ rights are human rights!

Having said that, some firms dictate Out-of-Office replies (or give you three levels of intensity from which to choose – always choose code orange).  This obviates the above, of course; for everyone else, be direct, give your return date, and don’t give in to the urge to discuss your internet outage.

Fail #12: Garbage

Your emails are undigested hot mess grenades.

Perception: You treat email like a sloppy game of hot-potato and not much more.

You are valuable as an attorney because you do hard work up front, have a strong point of view, and propose elegant solutions.  Wouldn’t it be nice if we said that about your emails?

Hot tips: Ask no more than two questions in one email; if your email is long, include a summary or key-takeaways at the top; use strategic, guided subject lines; employ deadlines, actions items, and next-steps whenever useful.

When you send an email that contains two to three clearly-drawn solutions (with an indication of which you believe is best), you make the recipient’s life easy, and you will be lauded.  Try it with your boss today!

Gregory Binstock is an attorney at the New York City Bar Association whose work concentrates on the continuing legal education and professional development of lawyers. The views expressed herein are purely personal opinions. His last article for Above the Law was 10 Things I Hate About Your Resume. 

Topics

, , , , , , ,