By Reid Trautz

"I had 40 e-mail messages when I got back to the office yesterday." Sound familiar? Or how about "I can’t seem to keep up with all my e-mail messages." More and more lawyers are using e-mail to communicate with clients, opposing counsel, and other colleagues. For many, the time spent responding to e-mail messages is significant. Yet the task seems overwhelming.

Now imagine how lawyers felt at the turn of the 20th century about the use of telephones in the practice of law? What would we do today without phones? Do you remember how frustrated you were at the curly paper of early fax machines? How about when "voice mail" and automated phone answering first hit the scene? These new communication technologies were frustrating at first, but with a little patience and practice, they became a part of the way we practice law.

Do you have a system for receiving phone messages? How about a system to respond to a letter from an opposing lawyer with a copy being sent to the client? Like these systems, the key to e-mail is in how you manage the messages.

Just ignoring e-mail altogether is one system that does not work. E-mail is here, and here to stay. Yes, some clients do not yet demand that you correspond by e-mail, but there are other reasons to start now. Corresponding with colleagues about substantive and practical issues by e-mail can save you time and help make you more productive. Courts have mandated electronic filing. So now is the time to develop your system to manage e-mail communications. The following tips will help make your e-mail more manageable, so that it becomes a beneficial technology, not a dreaded one:

1. Take time to explore the features and functions of your e-mail program. Whether you use Netscape Communicator, Microsoft Outlook, Outlook Express, Eudora, or any other e-mail program, be sure you know all the benefits of that particular software program. The more you know, the easier the system is to use. Set aside several hours over two or three days to get to know your e-mail program. Better yet, take a training class to make the learning easier. You can go to a classroom setting or, to make it more convenient, bring the instructor to your office.
2. One of the biggest benefits of current e-mail software programs is that they can help you to organize the mail you receive and send. You can easily set up your own series of folders and subfolders to store e-mail messages you want to save for future use. Just click on each message header and drag and drop the e-mail message into any one of the folders you have created. Your "Inbox" stays uncluttered, and you can easily find e-mail messages when you need them. Try starting with just a few folder names like "Archived Client Mail," "Light Reading," and "Important/Not Urgent."
3. Once you have created folders to store e-mail messages, you can also use those folders to have messages automatically placed in them. This function is called filtering and is available on most e-mail programs. A filter will identify incoming messages by sender name, subject, or other characteristics. Your e-mail program will place the messages fitting the chosen characteristics into the proper folder. In Outlook the filtering is called Rules Wizard; in Netscape Messenger look for Mail Filters in the Edit drop-down menu.
4. Another helpful function of e-mail is to send text documents as attachments to the message, rather than in the body of the message. This is a quick and efficient way to transmit a document, such as a contract or settlement agreement, to another person. Unless you know if the intended recipient has Word or WordPerfect, it is helpful to send an attachment in both formats. Even documents of 30-plus pages are quick to send, so send them in both formats.
5. A common and very useful function of an e-mail program is the creation of group mailing lists (called Distribution Lists in Outlook). If you often send messages to the same group of people, try creating a distribution list for this group. So instead of having to identify and click on each intended recipient, you just click on the name of the group list you have created, and your e-mail program will send the message to everyone on that list.
6. Draft a written e-mail policy for clients to clarify the use of e-mail in your attorney–client relationship. The written policy is meant to control the client’s expectations and set forth how you deal with e-mail. In today’s fast-moving world of almost instant communication, many clients expect almost immediate answers to e-mail inquires. Despite the client’s expectations, such e-mail messages may require thought and, possibly, research. If your client understands that you may take several days to respond to an important e-mail message, the client will not become impatient for your response.

   The policy should also contain a statement on confidentiality and whether you encrypt your e-mail messages. Encryption is not required under the D.C. Rules of Professional Conduct, see D.C. Bar Legal Ethics Opinion 281; however, as a business concern it is best to give the client the option of having all e-mail correspondence encrypted.

   The policy could be contained in your written fee agreement. It could be sent as a response to the first e-mail message you receive from a client, or you can include it with the other information you have given your clients about your office policies. Just make sure you set these expectations early in the lawyer–client relationship.

7. As a written communication, an e-mail message is an important part of the client file. Keep a record of the e-mail correspondence between you and your clients and opposing counsel. You can print each message and save the paper copy in the client file; alternatively, most e-mail programs will allow you to automatically send a copy of each outgoing e-mail message to a "Sent" or "Saved" folder. Save the messages electronically for future reference. Also remember you may need to print these messages as part of the client file, if the client retains successor counsel. (Make sure these messages are copied during your backup procedure, so you have a permanent record.)
8. Check your e-mail for new messages several times per day. If you cannot check it daily, assign someone in your office who can. Better yet, learn how to access your e-mail from remote locations so you can check from home or on the road.
9. Don’t open every e-mail message the moment it arrives, or you may never have time for anything else. Just look at the sender name and subject line and perform triage. First, delete junk mail, then move nonurgent messages to a "holding" folder for later action. Next, open and read the remaining messages. Reply to the message only if this can be done quickly. If you receive an e-mail message from a client that requires you to think and formulate a response, just send a quick acknowledgment of the message and inform the client that you will respond as soon as possible.
10. E-mail discussion groups often contain excellent and informative "discussions" on almost every topic imaginable. These discussions are really a series of e-mail messages among listserv participants. There are many excellent discussion groups dedicated to substantive areas of law and law-related topics. (See www.abanet.org/discussions or http://www2.lib.uchicago.edu/~llou/lawlists.txt for more information.) You can glean useful and valuable information from these discussion groups, ranging from help in your practice to help with a case (be mindful not to disclose information protected by Rule 1.6). Wading through the sea of e-mail messages to find nuggets can be a bit time-consuming, so remember to use your Delete key liberally. Save only the messages you can use. Do not feel that you have to reply to all or even most messages, but it is a good idea to participate in the discussions to give back to the group. If you subscribe to very active discussion lists, be sure to unsubscribe if you are going to be away for more than a couple of days, or you will be swamped with messages.
11. Open unrecognized attachments with caution. Malicious computer viruses are often hidden in attachments to e-mail messages. Then, when you open the attachment, the virus is unleashed into your computer system. Your best protection is not to open any attachments until you take one of the following actions: Reply to the sender and ask him or her to confirm the contents of the attachment; or, better yet, scan the attachment for viruses using your antivirus software. (If you need more information about antivirus software, contact pmas@dcbar.org.) Because new viruses appear daily, it is important to update your virus detection software data files frequently (usually over the Internet for free), and scan regularly. An ounce of prevention . . .
12. If you bill by the hour, do not forget to bill for time reviewing and responding to e-mail messages. Lawyers have learned to bill for phone calls and correspondence, but e-mail is still new and seems very informal. Create a system to log your billable time for reviewing and responding to e-mail. One way is to look at your "Sent" folder at the end of each day and bill for any e-mail correspondence drafted and sent. Be sure to log time for reading any incoming e-mail messages from clients or opposing counsel.
13. E-mail is as important as a typed letter; treat it as such. Give it the same level of scrutiny for grammar and punctuation. It does not have to be in the same layout as a letter, with an address block, etc. But include enough information, so that if you print it out and save it in the client file, you will be able to identify the recipient, the purpose of the letter, and the date sent. If the client’s e-mail message concerns substantive legal issues, resist the urge to snap off a reply until you have had time to review the client file and/or the law.
14. Always include a definitive subject line that easily identifies the content of the e-mail message. This helps the recipient to identify your e-mail quickly and the substance of the message. What is more important, when your client replies to this e-mail message, you will have a definitive subject line that helps you sort and respond to the message.
15. Use the signature line to save time and provide useful information. All e-mail programs allow you to insert a signature into the body of the document. Use this to save time, rather than typing in your name for each e-mail message. In Outlook go to Tools–Options–Mail Format–Signature Picker. In Outlook Express go to Tools–Options–Signatures–New. In Eudora Pro go to Tools–Signatures, then double-click on "Standard" to create/edit your signature.

Bonus tip: Although the speed of communications is the virtue of the e-mail system, it can also be its vice. Once you click "Send," you cannot get the e-mail back. It is wise to try never to send e-mail when you are angry or upset. If you do, it is likely that you will include something in the e-mail that, upon reflection, you will regret.

Reid Trautz is the former director of the Practice Management Advisory Service for the District of Columbia Bar. The program provides provides free and confidential practice management information and consulting services to Bar members. For further information, call 202-737-4700, ext. 212. No product endorsement is intended or implied by the mention of certain commercial products. The information contained in this article is not intended as legal advice, and should not be relied on in that manner. ©2000, revised by the PMAS in 2008.