By Robert Chapski 

A piece of advice to new (or old) lawyers:  be judicious and show good judgment in your use of email. 

First, for the judicious part.  Let's face it, sending an email is easy.  Email, as an immediate form of written communication, can be great.  As opposed to talking on the phone, whether it be with opposing counsel or a client, with an email you can take your time with your thoughts.  You also avoid what might be uncomfortable human contact with someone you don't know all that well. 

However, as a young lawyer, you need to be sensitive to the wishes of your client who may be inundated with hundreds of emails a day and may prefer you to pick up the phone.  As a general rule of thumb, if a client calls you, you should call them back, not return their call with an email.  If a client emails you, you should email them back unless the client says "call me when you get a chance."  To score bonus points, at the initiation of a case, you might ask a client, "Hey, I know some clients love email but others would prefer to work mainly over the phone.  Do you have a preference?"  Some clients have very strong preferences one way or the other and the only way to find out is to ask.  This may seem like simple advice but, in survey after survey, many clients cite poor communication as one of their top complaints about outside counsel.

Second, let's not forget about showing good judgment with email.  A good rule of thumb is to assume that any email you write to opposing counsel, testifying experts, or other "non-clients" will be fair game for public knowledge at some point.  So, if you write something to opposing counsel that you would be embarrassed for the judge to see (e.g., improvident use of expletives or harsh language), don't write it.  Emails often turn up as exhibits to motions.  Along the same vein, with recent changes in case law and discovery rules, you have to assume that ANYTHING you send to a testifying expert is discoverable.  Pick up the phone.

Last point:  never, ever, "drink and email."  From TLC's Life Lessons:  "Merlot and e-mail don't mix"