CBA Record November-December 2022

NOTA BENE BY KATHLEEN DILLON NARKO

Take a second for one last check on the recipient(s). It will save you sleep. —Pamela Menaker, Clifford Law Offices Beware of “auto-complete” in email addresses: for example, you may correspond with multiple people named “Steve,” but when you start typing “S-t-e” in the address line, the line may automatically popu late with the first name that comes up – say, “Stephen Smith” – when 3. Subject line: Clearly state the content and purpose Some writers call the subject line the most important part of the email. It summarizes the email and tells the reader how urgent the matter is. To get someone’s attention, write the subject line like the headline of a story: short, with the most important words first. the person you wanted was “Steven Jones.” —Anne Ellis, Proactive Worldwide Inc. Pet Peeve: When the subject line doesn’t accurately reflect the body of the email. It makes it significantly harder to search and find such emails in the future. —Trisha M. Rich, Collins & Knight LLP 4. Salutation:What ifyoudon’tknowtherecipient’sgender? Salutations are a polite way to greet the reader. They can vary by level of formality, such as Dear Mr. Smith or Hi Kim. Consider how to make salutations inclusive. In our office we recently discussed how to address a person when you’re not certain of the other person’s gender preference. We decided to advise students to address someone as “[Title Last Name]” (e.g., Attorney Narko, Director Jones, etc.) if they cannot determine their gender preference online or via email. —Kathryn C. Liss, DePaul University College of Law 5. Body of the message: Get to the point quickly! Front load the content in the body of your email. Put your ques tion or action item first, then explain later. Don’t send a multi paragraph email that waits until paragraph six to ask its important question. Here’s an email that frustrated me, and my advice would be, “get to the point quickly!” I kept reading because the person is a friendly acquaintance, but if it was someone I knew less well I wouldn’t have kept reading. I was thinking, why are you telling me this, what do you want from me?! —Amy Cook, Amy Cook Law 6. Attachments: Are the documents attached correctly? I always attach necessary documents first before drafting the email. I want to avoid the forgot-to-attach-the-document follow up email. Also, it is important to explain attachments to your reader, so they know they are safe to open. Here are some other tips for attachments. —Pamela Menaker, Clifford Law Offices Indicate what you are asking for at the top. —Clifford Gately, Quarles & Brady

L awyers rely on email every day to communicate. Our emails need to reflect our professional standards. What is your worst email nightmare? Is it hitting Reply All when you meant to send your snarky comment only to your colleague? Why are some emails easy to read and digest while others leave you searching for the action item? In this column, I hope to help you avoid email disasters. I also pass along some tips from members of the CBA Record Editorial Board for writing easy-to-read emails as well as their worst email nightmares. I have also added a few suggestions of my own. 1. Should you send an email at all? Before drafting an email, consider whether it is the best way to communicate. Sometimes a phone call is better, particularly if you need an immediate response. Phone calls or in-person meet ings can cut through the back-and-forth of emails and speed up negotiations. At other times, we may need the formality of a letter. Pick the best form of communication. Avoid email if another form of communication is better suited to your needs. 2. Recipients: Did you select the right person? We all get caught up in long, tangled email chains occasionally. It is especially challenging to respond to the right issue and the right person. When cleaning out your inbox from the bottom up, make sure you view the entire thread before you react. I’ve made the mistake of not doing so multiple times. —Clifford Gately, Quarles & Brady An applicant for an internship sent an email to the firm’s HR depart ment and the relevant practice partner, but the HR department inadvertently responded to the applicant instead of the partner and wrote “thoughts on this one?” —Theodore S. Kontopoulos, FORVIS Take utmost care with the dreaded Reply All. An inadvertent click on Reply All can cause anything from mild embarrassment to loss of attorney-client privilege. Legal Email: 10 Tips for Writing Your Best Email (and Avoiding YourWorst Nightmare)

Kathleen Dillon Narko is a Clinical Professor of Law at Northwestern Pritzker School of Law and a member of the CBA Record Editorial Board.

36 November/December 2022