Trial Magazine

As attorneys, we craft our letters using carefully selected language, headings, and tone. We consider the consequences of each letter for both our clients and our litigation plan. But somehow, when it comes to email, we are often not as thoughtful or methodical. It might be easy to dash off a quick email from your phone, but it’s not an excuse for carelessness. Always keep these tips in mind.

Use the subject line. The subject line should have the case name, date of injury, and—if you’re in ­pre-litigation—a claim number for the insurance claim (if one exists). These are the same things you would put for reference at the top of a letter so treat emails the same way.

Keep it formal. Dress your email in a suit, not yoga pants. “Dear Mr. Smith” is always better than “Hey Joe.” Your email signature should include all of your contact information—as if it were letterhead—even if the email is being sent from your phone. Also, it is difficult to convey tone in an email, and it can be easily misinterpreted, so don’t make angry, sarcastic, or even comedic comments.

Keep it short. If you are discussing substantive law, using the correspondence to meet a statutory requirement, or saying more than a sentence or two, it is better to put it in a mailed letter—even if you also attach the letter to an email for quicker delivery.

Check your spelling and grammar. Do not ­undermine your credibility or your client’s claims with distracting typos, such as incorrectly using “there” instead of “their.”

Keep it simple. Re-read your email to be sure it is clear and understandable. Do not use double negatives or confusing language, and use as few words as possible in a plain, straightforward manner—simplicity always trumps wordiness.

Before you hit “send,” think about a judge reading the email as a motion exhibit and edit accordingly. It will elevate your reputation and credibility.

Brooke Bove is the founding attorney of Bove Law Group in Santa Ana, Calif. She can be reached at bbove@bovelawgroup.com.