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An 'Intelligent' Approach to E-Mail

Tips and Techniques Boost Efficiency and Productivity, and End Mailbox Overload

New York Law Journal
June 15, 1998

BY DALE TINCHER

THIS 'TELEPHONE' has too many shortcomings to be seriously considered as a means of communication. The device is inherently of no value to us.

-- Western Union internal memo, 1876.

For all the talk about the wonders of E-mail, it seems that many lawyers would make good nineteenth century Western Union executives. While teaching a recent CLE class on the Internet, I polled the audience on their use of electronic mail, looking for those who used the technology to communicate with clients. Only a few hands appeared. Are the rest resisting the future? Actually, they are ignoring the present.

Recent estimates put the number of Web users worldwide at over 40 million. And it is a population that is growing at a staggering rate; indeed at more than 10 percent per month. Experts have projected that by the turn of the century, there will be over half a billion users on the World Wide Web. A key reason for the growth: The efficiency, simplicity and usefulness of E-mail.

So why have so many lawyers yet to embrace the medium? Their counterparts in other fields certainly have shown more enthusiasm. A recent survey of human resource managers by the American Management Association found that "E-mail is the primary means of business communication, having surpassed the telephone." The organization also found that 53 percent of executives and managers spend up to four hours weekly on the Internet, with 25 percent expecting their use to jump to 10 hours or more per week within two years.

E-mail has proven to be essential, used to interact with customers, clients and employees. Hotmail, a subsidiary of Microsoft Corporation that provides free E-mail, noted that on several days in May, it signed up over 100,000 new subscribers.

E-Mail Pros and Cons

Like other businesses, law firms that have embraced the Internet use it for communications, research and promotion. And E-mail, with its speed and efficiency, has become an important extension of communications. Many users start their morning by checking their internal and external E-mail. Throughout the day, their computer notifies them of mail from an important client or co-worker.

The great advantage of E-mail is its flexibility. Messages can be short and to the point, or they can contain complete documents for review. E-mail generally travels to its destination in seconds, but can be read at the recipient's convenience. Attached documents can be opened in word processing programs, edited and forwarded to individuals or groups throughout the world -- a key advantage over traditional delivery agents and voice mail. Adding a password or using encryption technology can make document transfer secure.

But there is another reason lawyers have begun to take to E-mail. Their clients are demanding it.

So why aren't all attorneys using this wonderful new medium? Why do they have to be cajoled and gently pushed into adopting it?

E-mail requires discipline and management. It may be the killer application of the Internet, but dealing with a flood of incoming messages is often a real impediment to getting any work done. Electronic mail can boost productivity and efficiency, but E-mail "overload" will just as quickly destroy it. Busy users often open their mailboxes with dread. They click on "Receive Mail" and frown as the screen reads, "opening 1 of 35 messages." Chances are, 33 or 34 of those messages will not be terribly important. Many will be from mailing lists, or "listservs." Others will be those unsolicited commercial messages -- "spam" to use the lingo -- that are the bane of every Internet user's existence. And with all that mail coming in, it can be hard to filter out the few urgent messages.

Another reason some lawyers have steered clear of E-mail is their misunderstanding of the medium. At the CLE class, one lawyer who did not use E-mail stated that he barely had time to practice law, let alone time to read and send electronic messages. Yet he had time to listen and respond to voice mail. As we talked, he began to understand that E-mail can be more efficient than any other means of communication -- if it is used wisely. E-mail would allow him to prepare his message thoughtfully, and forward it to numerous individuals while keeping an electronic record for himself. He was not adding another task to his already full plate, but adding a tool to help manage preexisting tasks.

Managing E-Mail

Making wise use of E-mail does not require a master's degree in computer science. But it does require one to understand the capabilities of the medium, as well as its limitations. The suggestions that follow can turn any novice E-mailer into a more efficient, less frustrated user.

Retraction. A good rule of thumb to remember: One should not send E-mail when angry. Most systems do not permit the retraction of messages sent over the Internet. Years ago, I sent a less-than-friendly internal E-mail to my boss prior to leaving the office. Thinking better of it later, I drove the 30 minutes back to the office to retract the message. Fortunately, the LAN-based E-mail system then in place enabled senders to retract messages. With a bit of good luck, I was able to beat my boss to the message and keep my job. Today, with E-mail traveling over the Internet, once a user hit the "send" button, there is usually no going back.

Return receipt. Another inherent flaw of E-mail is that there is no guarantee that messages will arrive safely or look exactly the way the sender intended. But a few Internet E-mail systems do allow for notification that a sender received a message.

If a receipt is needed, a request should be made at the beginning of the message or in the "signature," a block of predefined text that is automatically inserted at the end of every message a user sends (noting, for example, his or her address and telephone number). Another option is to send a physical copy by a method that insures a receipt.

Managing time. E-mail can be a huge time sink if not managed properly. It is best to pick a specific time each day to read mail. Try to avoid checking E-mail before a deadline or meeting.

One technique that has proven successful for many users is to "funnel" E-mail to a "read later" folder, to be accessed as time frees up during the day. Taking another approach, some attorneys have an administrative assistant screen E-mail and forward only important messages. Still others ask key clients to let them know (via telephone, or an appropriate tag in the message's subject line) that an important E-mail has been sent.

Recordkeeping. E-mail creates permanent records of one's correspondence -- records that are discoverable. That copy on one's PC may not be the only copy, either. Many organizations keep backups of E-mail on tapes, disks or even paper. Users can often be their own worst enemy, failing to delete messages from their machine, leaving a trail of E-mail that can go back several months, even years. To be safe, individuals concerned about making a permanent record of a conversation should communicate in some way other than E-mail.

Confidentiality. Many E-mail programs have the capability to encrypt messages. This secures the contents of a transmission; only the intended recipient will be able to decode the message. Clients should always be allowed to choose between communicating via encrypted and non-encrypted E-mail. PGP (Pretty Good Privacy) is the most commonly used encryption system; many others can be found by typing the word "encryption" into an Internet search engine.

Senders seeking additional security can place a password into a Word or WordPerfect document prior to sending it. The authorized recipient can then enter the password and open the document.

Filters. In computer programming, a filter is a program or section of code designed to examine each input or output request for certain criteria and then process or forward it accordingly. In most E-mail systems, filters can be created to automatically organize, arrange, delete and prioritize E-mail according to rules the user establishes.

Filters are particularly handy when it comes to spam, automatically deleting messages whose subject headers contain phrases like "great opportunity" or "XXX." Other filters can be set up to route predefined mail types to designated folders, simplifying E-mail management. Users can also program automatic responses. For example, when one is out playing golf, E-mail from the senior partner can generate a return message saying, "Great idea, boss! I'll get right on it."

Folders. E-mail folders can be thought of as electronic storage bins for messages. By dragging and dropping messages, uses can pull E-mail from the inbox and sort it into specific categories, simplifying organization. Folders can be created for different clients, matters, types of correspondence, listserv postings, friends and family.

Address books. An E-mail address book allows for "point and shoot" retrieval and placement of the recipient's electronic address. Many E-mail systems provide multiple address books -- convenient for segregating clients, friends and prospective clients. Many personal information managers, such as 3Com's handheld PalmPilot and Palm III units, allow users to exchange address information between office PCs and portable systems.

Courtesy. E-mail should not be used to discuss emotional subjects. The temptation to send a quick E-mail about a complex, potentially volatile topic should be resisted, as it is easy to misdirect or offend someone unintentionally. "Emoticons," such as the "smiley face" :-) or the frown :-( should be used to display humor, sadness and other gestures and feelings in messages, so words are not misinterpreted.

Spam. Even the best filters have been unable to completely shut the door on spam; some unwanted messages will always get through. When spam is received, one's Internet service provider should be alerted, as should the spammer's ISP, if that information is intact on the message header (and often it is not, or is forged). Most ISPs have a special address where complaints can be sent. Spammers often obtain E-mail addresses from messages posted to discussion groups, so use discretion when posting something publicly.

Applications integration. If a firm is using or considering case management software, a mainstream E-mail product such as Netscape Mail, Eudora, Microsoft Outlook or Outlook Express should be chosen. Integration with application software can eliminate redundant postings to conflict systems, case notes and databases.

Other capabilities. Firms should look at their overall needs to determine if products that offer more than E-mail might be preferable. Outlook 98, for example, begins with a robust E-mail client and adds a calendar, to-do list, journal, sticky notes and a new module called Outlook Today that displays unread messages, daily appointments and tasks at a glance. Groupware products, such as Lotus Notes, may also be an option.

Some E-mail systems allow messages to be sent and read via Web browsers -- handy for road warriors who are often away from the office. Using this feature, the traveling attorney can access his or her E-mail from any computer that has an Internet connection; it need not be his or her own PC; it need not be connected to the firm's internal network. Many Web "portals" such as Yahoo! (www.yahoo.com) and Excite (www.excite.com) offer free Web-based E-mail. These can make for good secondary accounts, and can be accessed from any location.

E-mail is here to stay, and its benefits far outweigh its few drawbacks. With a bit of patience, a little guidance and a few sound strategies to follow, even the most techo-phobic lawyer can boost productivity and efficiency via this powerful technology.

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Dale Tincher is manager of legal consulting for NetSmart, Inc., a consulting firm in Cary, North Carolina.