Small Law Firms

Lawyers Should Call Each Other More Often Instead Of Emailing

For a variety of reasons, lawyers should call each other more often instead of relying on email as a primary means of communication.

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The legal industry is a very social profession, and lawyers often need to make personal connections with clients, adversaries, and others to more effectively perform their jobs. As such, it is usually best to meet other lawyers in person or call them on the phone so that attorneys can have a personal connection with people whom they are contacting. However, many lawyers do not pick up the phone and rather rely almost exclusively on email to communicate with others.

There are numerous reasons why lawyers rely on email more than phone conversations to speak with others. Email is perhaps more convenient than calling someone else since people can send an email whenever they want and the recipient can respond to the email whenever they get around to it. Also, sometimes lawyers want to create a written record of an exchange, which can be useful if a given discussion may be the subject of motion practice. Some lawyers also do not like interacting with others, and email is a more impersonal way of communicating a point. Moreover, I expect that some lawyers, especially younger attorneys, are more used to texting and expressing their thoughts through writing than older attorneys, and they may therefore feel more comfortable emailing rather than speaking by phone.

Nevertheless, telephone calls can have a number of important benefits to a representation, and more attorneys should pick up the phone to call each other. It is usually much easier to talk about complicated matters over the phone than it is through email. When people rely on email, there can be ambiguities about what is being discussed, and people may leave out details that are easier said on a phone. This can lead to inefficient outcomes and can lead to more work by the attorneys involved as they draft additional emails to clear any confusion.

Once, I had a complex transactional matter that I was working on with another attorney. We kept going back and forth through email with questions about the deal and how language should be drafted in order to satisfy all of our clients. Finally, I suggested that we should just hop on a call to discuss the matter. It was much easier discussing all of the outstanding issues by phone, and we were able to clear up confusion in 10 minutes by phone which may have required a dozen or more emails back and forth. Speaking by phone saved our clients money since we had to spend less time emailing and also saved my counterpart and me a lot of headaches working on the deal.

Another reason why lawyers should call each other more is to build rapport with counterparts who may be working on the same matter. Lawyers often need to cooperate and compromise in order to achieve solutions that can benefit everyone’s clients. It is far easier to work with someone with whom you have built rapport than someone with whom who you do not have much experience. If lawyers are simply interacting with one another through email, there is not much of a connection between counsel.

However, if lawyers speak by phone, it is far more likely that they will be able to connect with each other on a more meaningful level. Typical calls between lawyers often include discussions of hobbies, vacations, and other small talk that is conducive to building a connection with someone. This relationship can be vital to solving problems and asking for courtesies during the pendency of a case.

Another reason why lawyers should speak by phone is because lawyers can often talk much more casually about matters over the phone than over email. When lawyers communicate by email, they may be afraid that their words may be used against them at a later time. As such, they may be more likely to hedge or fail to provide insight that a lawyer does not wish to memorialize in an email.

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However, lawyers are far more likely to be frank and honest about a subject matter over the phone. One time, I was representing a client in a transaction, and my counterpart was being very distant through email. I decided to give him a call and was told that his client may have gone cold on the deal and that this was why I was being ghosted by the lawyer. I appreciated this feedback, and this helped me be more efficient in the representation and contextualize some of that lawyer’s actions. Attorneys often need to have frank, off-the-record conversations, and these are far easier by phone.

All told, lawyers may rely heavily on email in many instances, and sending emails is a quick and convenient way to communicate about a matter. However, there are numerous instances in which lawyers should just pick up the phone and talk to a counterpart about a particular legal issue.

Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at [email protected].

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