EMAIL COMMUNICATIONS THE GOOD, THE BAD, AND THE UGLY Maury E. Lederman 617.457.4133 | [email protected] March 6, 2015 Business Fundamentals Bootcamp.

EMAIL COMMUNICATIONSTHE GOOD, THE BAD, AND THE UGLY

Maury E. Lederman

617.457.4133 | [email protected]

March 6, 2015

Business Fundamentals Bootcamp CIC-Boston

Overview – the Big Picture

Email has all but replaced “hard copy” – internal and external.

Email communications are permanent.

Many treat email as if it were less entitled to the care, respect and attention formerly given to

letters and memos.

Nothing could be more wrong-headed.

It’s Permanent

A computer wizard may be able to delete email, but the other 99.9% of us should assume it’s permanent!

“I hear we are already $200,000 over our [fee] estimate – that’s Team DLA Piper!”

“Now Vince has random people working full time on random research projects in standard ‘churn that bill, baby!’ mode ….That bill shall know no limits.”

“It took all of the associates four days to write those motions… Perhaps if we paid more money we’d have skilled associates.”

Prepare with Care

Use the same level of care and attention to detail that you devote to any written communication.

From: Maury E. Lederman

Sent: Thursday, May 26, 2011 4:04PM

To: Betty and Jim

Subject: [ ]

Dear Betty and Jim:

My below email had an error in the second sentence of the third paragraph.

Here’s a correctied version:

Helpful or Harmful

Like any recorded communication, email can be used to refresh one’s memory or show one is mistaken, inconsistent or biased.

Talk Instead

Communicate orally when a permanent email could be used to embarrass your company, yourself or someone else.

Think First

Remember … email reflects on the writer’s credibility, professionalism, values, work ethic and depth of knowledge.

Timing is Everything

Email sent contemporaneously with the event or discussion is considered more credible and reliable than email sent days later.

Creates a Presumption

If you make an assertion in an email and the recipient fails to challenge the assertion in a written response, the assertion is presumed to be true.

XXX

XXX

“YES” Result

Email provides a less pressured means to ask someone to do something difficult; unlike an oral request, recipient has time to consider request and is more likely to respond positively!

Helps Opponent

Email can assist your opponent’s proofs and defenses since it must be disclosed in litigation or arbitration.

“Both parties clearly expressed mutual assent to the terms when plaintiff’s counsel wrote [in an email] that ‘[the plaintiff] will accept [the defendant’s] settlement offer’ and defendants’ counsel responded ‘Glad we were able to get it done.’”

Judge Nathaniel Gorton, United States District Court Judge, District of Massachusetts Hansen v. Rhode Island’s Only 24 Hour Truck & Auto Plaza, Inc., et

al

May Cause Waiver

Disclosure of confidential or privileged information to an outsider, even if inadvertent, can result in waiver of confidentiality or privilege.

Quick Response = MISTAKE

Review and think carefully and critically about content of your email and content of email to which you are responding before hitting “send.”

Allow 24-hour “cooling off” period.

Architect’s employee

Architect’s employee

Project

contractor

Ex. 111A WSO11253/1 Exhibit067A

Architect’s Principal

Write Professionally

Emails containing capital letters, bold type, criticisms, embarrassing information or foul language are not well-received.

Subcontractor’s Project Manager

Contractor’s Project ManagerProject

Subcontractor

Senior Project Manager

Subcontractor

Contractor’s Project Manager

Subcontractor’s Project Manager

Project

Don’t try to dick us on the pricing. Your engineering costs are always way over blown.

“Reply All” is Risky

Only use “reply all” button if you are absolutely certain … using this button inadvertently has created legends!

To summarize

Before you hit “send” …

Check if appropriately drafted, accurately responsive, correctly typed, timely sent, absolutely credible, unquestionably concise, positively precise and undeniably truthful.

“It’s not a faith in technology. It’s

a faith in people.” Steve Jobs

Maury E. LedermanMurtha Cullina LLP99 High Street, Boston, MA 02110617.457.4133 | [email protected]

Disclaimer

The information contained herein constitutes educational material and not legal advice.

Copyright © 2015 Murtha Cullina LLP

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