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THE LEGAL WRITER Notes on Electronic Professionalism iStock E-Communication Etiquette E lectronic communication has be- come a significant element of legal practice. Fewer discussions with counsel and clients are had in person or by telephone. Legal analyses are fre- quently communicated via email instead of through the traditional printed memo- randum. Even text messaging is becoming more commonplace in professional com- munication. Most of us feel fairly comfortable with these media in our personal lives, and many of us can successfully navigate the transi- tion from traditional letters and memos to emails and texts in our professional lives. As we make this transition, we might want to ask whether we’re using the right medi- um for the particular discussion, and are we sacrificing part of our professional integrity in the way we’re using it? Is Email the Right Medium? Before we consider the content of an email or text message, we should consider By Elizabeth Ruiz Frost whether this type of messaging is appropri- ate at all. A managing partner at my law firm always advised new associates to think twice before sending an email (this was be- fore text messaging was even on the table). In addition to relaying the usual horror stories of mistakenly sent or mistakenly forwarded emails containing confidential or embarrassing information, she warned us of two things. First, email can be isolating. New as- sociates would forge stronger relationships with senior attorneys, opposing counsel, and clients through actual, face-to-face conversations than through trading emails. Those relationships would help a young lawyer’s career in the long-run, even if it meant adding a 30-second walk to the next office in the short-run. Second, email can be incomplete. Sure, the email sender might have her question answered quickly via email. But the email exchange might not lead to related (and sometimes more important) questions, which might likely come up in a conversa- tion. Better lawyering comes from dialogue. Talking through an issue can uncover ideas that weren’t obvious at the outset. Email, which is simply an exchange of mono- logues, may leave those ideas obscured. So some conversations just might not be as well suited for email. On the other hand, sometimes email can be a clear, ef- ficient way to communicate information. After all, as compared to live conversation, it gives the writer an opportunity to think carefully about wording. And it gives the reader the opportunity to read and reread so he doesn’t miss anything. Once you’ve determined that email is the right medium, make it good. Professional Emails Next, consider what goes into a profes- sional email. Haven’t we all received those rambling emails at work addressed to “you guys” and devoid of capital letters? With communication becoming more casual in the U.S. generally, expect those types of messages to increase in the workplace. A professional email ought to be no different from a letter, except that it’s re- ceived faster. The speed with which it’s delivered and the postal-free delivery need not impact the quality and style of its con- tent. Younger generations tend to struggle with this, and I don’t know why. I have ill- formed theories to explain it (laziness, vio- lent video games, vitamin D deficiency…). One day I will understand why email feels to some like a writing free-for-all when a traditional letter does not. In the mean- time, I will continue to beg writers to be- lieve that email is a form of legal writing. When composing an email, follow the same conventions of organization, style and tone that you would when composing a traditional letter. • Organization A professional email should contain all the elements of a letter. 1. Greeting. Begin emails with a formal greeting. “Hey” is not a formal greeting, for the record. “Dear” and “Hello” work. 2. Introduction. An email of any length should begin with an in- troductory sentence or paragraph to give your reader context. And if an email will cover multiple subjects, that introduction should lay out each subject in the order it will be discussed, like a roadmap to the rest of the letter. 3. Structure. The body of an email should be divided into paragraphs by topic with thesis sentences beginning each paragraph. Of MAY 2016 • OREGON STATE BAR BULLETIN 13