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Technology (continued)

Email

Not that long ago, a lawyer would have been advised to avoid telephone conversations in favour of email for several reasons, to avoid playing “telephone tag”, among them. While it remains true that email can be an efficient way to communicate with clients, you should not use email in an undisciplined manner.
 
When thinking about how you use email communication in your work, you should at the very least consider these issues:
  • Email is not a secure form of communication, and is relatively easy to intercept. Consider using digital certification and encryption technology for confidential communications. See “Making your e-communications secure” by David Bilinsky, Practice Management Advisor at the Law Society of British Columbia for more information on this topic.
  • The recipient of your email is more likely to misunderstand the tone of your message. The words you write will be interpreted by the reader and the tone you are attempting to convey may not be apparent. Exercise caution when drafting emails and try to ensure that the tone of your messages is professional and that your meaning is clear.  It is an excellent idea to adopt the habit of proofreading all your emails with great care before sending them.
  • You should not assume that your email has been received, read or understood. It is good practice to follow up with a telephone call. We all receive large numbers of emails daily. If you are sending an important communication, it is wise to ensure that it has not been lost in the chatter.
  • It is easy for a copy of your email to end up in the hands of someone who should not have it.  Note that the transcript of a telephone conversation with a client is less likely to materialize at an inopportune moment.
  • Because of the nature of email, a client might expect to receive a response from you immediately at any time of the day. It is important that you explain your email protocol and communication plan to all your clients.
  • The content of emails you send will reside on servers that are outside of your power to control.
  • There are storage and retention issues associated with electronic records, including email communication that you need to consider as part of your file management plan.
  • Constantly responding to emails can break the flow of your thought process and distract you from the work at hand. While it might not be practical to deal with all emails at the same time you deal with written correspondence, consider establishing a practice that addresses when you will deal with your email messages that best suits the way you work.
  • Email service providers will have rules and processes regarding what they do with email messages. For example, they may index them, provide information to marketers and retain copies.  The terms of service of the email providers you use will explain these policies, and you must be aware and understand them.  It is not wise to subscribe to a service that provides inadequate protection to your clients’ confidential information merely because it is the most economical option. 
 
If your filing system consists of a combination of paper files and electronic files, adopt the practice of printing important email messages to include in the paper file.