4.10: Emailing, Texting and Netiquette in the Law Office

Legal practitioners, like people everywhere, are communicating electronically more than ever before. Many government agencies, businesses, and law offices have adopted rules regarding job-related electronic communications. In addition, great care must be taken to ensure that these communications do not violate client confidentiality, any other ethical rules, or prohibitions against unauthorized practice of law (UPL). The following are general considerations for electronic communication in a business setting; as a general matter, texting and emailing should be avoided in the legal field.

Texting

Whatever digital device you use, written communication in the form of brief messages, or texting, has become a common way to connect. It is useful for short exchanges and is a convenient way to stay connected with others when talking on the phone would be cumbersome. Texting is not useful for long or complicated messages, and careful consideration should be given to the audience.

Tips for Effective Business Texting

• It is generally best to use complete words and not abbreviations, "text speak" or emoticons. "Text speak" often uses symbols and codes to represent thoughts, ideas, and emotions. This can easily lead to misinterpretation. Emoticons are simply unprofessional.
• Contacting someone too frequently can border on harassment. Texting is a tool. Use it when appropriate but don’t abuse it.
• Unplug yourself once in a while. Do you feel constantly connected? Do you feel lost or “out of it” if you don’t have your cell phone and cannot connect to people, even for fifteen minutes? Sometimes being unavailable for a time can be healthy—everything in moderation, including texting.
• Don’t text and drive. Research shows that the likelihood of an accident increases dramatically if the driver is texting behind the wheel (Houston Chronicle, 2009). Being in an accident while conducting company business would reflect poorly on your judgment as well as on your employer.

Email

Electronic mail, usually called email, is quite familiar to most students and workers. It may be used like text or synchronous chat, and it can be delivered to a cell phone. In some businesses, it has largely replaced print hard copy letters for external (outside the company) correspondence, as well as taking the place of memos for internal (within the company) communication (Guffey, 2008). Email can be very useful for messages that have slightly more content than a text message, but it is still best used for fairly brief messages.

Emails may be informal in personal contexts, but business communication requires attention to detail, awareness that your email reflects you and your company, and a professional tone so that it may be forwarded to any third party if needed. Email often serves to exchange information within organizations. Although email may have an informal feel, remember that when used for business, it needs to convey professionalism and respect. Never write or send anything that you wouldn’t want to read in public or in front of your company president.

Tips for Effective Business Emails

• Proper salutations should demonstrate respect and avoid mix-ups in case a message is accidentally sent to the wrong recipient. For example, use a salutation like “Dear Ms. X” (external) or “Hi Barry” (internal).
• Subject lines should be clear, brief, and specific. This helps the recipient understand the essence of the message. For example, “Proposal attached” or “Your question of 10/25.”
• Close with a signature. Identify yourself by creating a signature block that automatically contains your name and business contact information.
• Avoid abbreviations. An email is not a text message, and the audience may not find your witty remark to be a reason to ROTFLOL (roll on the floor laughing out loud).
• Be brief. Omit unnecessary words.
• Use a good format. Include line breaks between sentences or divide your message into brief paragraphs for ease of reading. A good email should get to the point and conclude in three small paragraphs or less.
• Reread, revise, and review. Catch and correct spelling and grammar mistakes before you press “send.” It will take more time and effort to undo the problems caused by a hasty, poorly written email than to get it right the first time.
• Reply promptly. Watch out for an emotional response—never reply in anger—but make a habit of replying to all emails within twenty-four hours, even if only to say that you will provide the requested information in forty-eight or seventy-two hours.
• Use “Reply All” sparingly. Do not send your reply to everyone who received the initial email unless your message absolutely needs to be read by the entire group.
• Avoid using all caps. Capital letters are used on the Internet to communicate emphatic emotion or yelling and are considered rude.
• Test links. If you include a link, test it to make sure it is complete.
• Email ahead of time if you are going to attach large files (audio and visual files are often quite large) to prevent exceeding the recipient’s mailbox limit or triggering the spam filter.
• Give feedback or follow-up. If you don’t get a response in twenty-four hours, email or call. Spam filters may have intercepted your message, so your recipient may never have received it.

Let’s look at two examples of business email. In Figure \(\PageIndex{1}\), we have an email form. In Figure \(\PageIndex{2}\), we have a letter written specifically for the situation and audience.

Figure \(\PageIndex{1}\): An email form

Figure \(\PageIndex{2}\): A customized business letter

Netiquette

We create personal pages, post messages, and interact via mediated technologies as a normal part of our careers, but how we conduct ourselves can leave a lasting image, literally. The photograph you posted on your Instagram or FaceBook page may have been seen by your potential employer, or that nasty remark in a post may come back to haunt you later. Some fifteen years ago, when the Internet was a new phenomenon, Virginia Shea laid out a series of ground rules for communication online that continue to serve us today.

Virginia Shea’s Rules of Netiquette

• Remember the human on the other side of the electronic communication.
• Adhere to the same standards of behavior online that you follow in real life.
• Know where you are in cyberspace.
• Respect other people’s time and bandwidth.
• Make yourself look good online.
• Share expert knowledge.
• Keep flame wars under control.
• Respect other people’s privacy.
• Don’t abuse your power.
• Be forgiving of other people’s mistakes (Shea, 1994).

Her rules speak for themselves and remind us that the golden rule (treat others as you would like to be treated) is relevant wherever there is human interaction.

Special Considerations for Electronic Communication in the Law Office

Electronic communication is not recommended as a method of correspondence in the legal field, mainly due to concerns about confidentiality. Most electronic communication – especially texting and direct messaging – is not encrypted and can be easily intercepted by others. Even encrypted email isn’t foolproof. If your client insists on communicating electronically, be sure to inform your supervising attorney, who may direct you to write a letter to the client regarding concerns about confidentiality, and have the client affirm in writing his/her continued desire to communicate electronically.

If you do use electronic communication, here are some tips:

• Do not use electronic communication for any client or other confidential communications without the prior consent of your supervising attorney.
• Do not use the addressee auto-fill or auto-complete function; the likelihood of sending electronic communication to the incorrect person is extremely high and can result in a breach of confidentiality.
• Do not use “Reply to All.”
• Make sure you reply only to the appropriate person, not a listserv or distribution list
• Before forwarding a message from the client to anyone outside the law office, get the supervising attorney’s and the client’s permission.
• Use clear, concise (short), and specific descriptions in your subject line.
• Provide context/explanation when you reply to or forward a message. Restate dates, times, and subject matter in your message to reduce the likelihood of confusion or misinterpretation.
• Maintain professionalism – write complete, correct sentences and leave out “text speak” (using numbers or letters instead of complete words), other abbreviations, or emoticons. Use proper wording, spelling, grammar, and punctuation at all times. Use professional language.
• Carefully proofread your message before sending it in addition to running spell-checker.
• Avoid underlining. Underlined text can be difficult to read and also implies that the text contains a link to a website.
• Avoid using all capital letters (which is interpreted as shouting).
• Do not reply to a communication if you are irritated, angry, or upset. Wait and reply when you can do so neutrally, objectively, and professionally.
• Make sure your email includes a confidentiality disclaimer.
• Remember, if you agree to use email, the client will likely expect you to check your email every day and respond within 24 business hours! If you can’t respond right away, send a quick message letting the client know you received his/her email, and will respond at a later time.

Legal Netiquette

Legal netiquette refers to the principles of respectful, professional, and appropriate behavior in online communication for legal professionals. For paralegals, practicing netiquette isn't just about courtesy; it's about protecting your credibility and ensuring that your actions align with ethical guidelines. Whether you're sending an email, engaging on social media, or participating in online discussions, your conduct reflects your professional integrity.

Email Etiquette: Your Digital Front Door

When you are using email for legal communication, getting it right is essential. Keep these tips in mind:

• Use Clear and Professional Subject Lines: Summarize the content of your email concisely.
• Start and End Respectfully: Proper salutations and professional sign-offs set the right tone.
• Check for Errors: Typos and grammatical mistakes can undermine your credibility. Always proofread!
• Take a Breather Before Responding: If an email has left you feeling frustrated, don’t hit "send" in the heat of the moment. Draft your response, step away, and revisit it later with a calmer perspective.

Remember, emails are permanent records. Once sent, they can be shared widely, so always write as though the world might see it.

Social Media and Online Interactions: Proceed with Caution

Beyond email, your behavior on platforms like Facebook, LinkedIn, and even private group chats matters. Here’s what you need to watch out for:

• Assume Everything is Public: Even in private groups or chats, messages can be leaked or made public. Always ask yourself, "Would I want my boss or the state bar to read this?"
• Be Mindful of Your Posts: Sharing, liking, or commenting on sensitive or controversial content can be interpreted as an endorsement. This can blur the line between personal and professional boundaries.
• Respect Confidentiality: Never discuss clients, cases, or sensitive information online—even in vague terms. Protecting client privacy is non-negotiable.

The internet remembers everything. Once something is online, you lose control over how it’s shared or interpreted. Think before you click!

Ethical Considerations for Paralegals

As a paralegal, you’ll have to navigate specific ethical obligations that apply to your online behavior:

• Avoid Giving Legal Advice: Be cautious about how you phrase your responses, even in casual online conversations.
• Respect Advertising Rules: If your role involves online marketing, familiarize yourself with regulations about promoting legal services.
• Maintain Professional Boundaries: Keep personal opinions separate from your professional life. A misstep on social media can affect both your reputation and your firm’s.

For guidance on ethical issues, consult your firm’s policies, your state bar association, or the American Bar Association.

A Few Golden Rules for Digital Professionalism

1. Think Twice, Post Once: Assume that everything you say or share online could become public.
2. Keep a Formal Tone: Even informal platforms require professionalism when your role as a paralegal is visible.
3. Stay Informed: Technology evolves, and so do its risks. Keep up with trends to safeguard your digital footprint.
4. Use Common Sense: If it feels risky, inappropriate, or unprofessional, it probably is. Trust your instincts.

Why It Matters

As paralegals, your online behavior is an extension of your professional conduct. By practicing netiquette, you’ll not only avoid embarrassing missteps but also build trust and respect in the legal community. A careless comment or an unfiltered rant can have lasting consequences—so think critically, act responsibly, and always err on the side of caution.

Text messages and emails are part of our communication landscape, and skilled business communicators consider them a valuable tool to connect. By understanding the principles of netiquette, you’ll contribute positively to the digital landscape while upholding the high standards of the legal profession. Remember, your professional reputation is one of your most valuable assets. Guard it well!

References

• Guffey, M. (2008). Essentials of business communication (7th ed.). Mason, OH: Thomson/Wadsworth.
• Houston Chronicle. (2009, September 23). Deadly distraction: Texting while driving, twice as risky as drunk driving, should be banned. Houston Chronicle (3 STAR R.O. ed.), p. B8. Retrieved from www.chron.com/CDA/archives/archive.mpl?id=2009_4791006.
• Shea, V. (1994). Netiquette. San Francisco, CA: Albion Books.
• The Tech Savvy Lawyer. My Two Cents: Understanding Netiquette: A Crucial Aspect Of Professional Conduct Online For Lawyers.