Law Life: 'Didn't you get my text?'

By Scott C. Ford The Daily Record Newswire This column's title was the response several years ago from a new associate after I revisited the previous day's inquiry about the history of the key case in our summary judgment brief. At that point, the only "text" with which I was familiar were words written on paper (OK, in e-mails, too) or one of those big bulky blocks we lugged around in college and law school. My "cellular telephone" with its antenna didn't "do" text. Admittedly, the manner and delivery of legal research and writing have changed significantly in the last decade. But there are a handful of guiding principles that can help bridge the gap between the era of the typewritten "office memorandum" and the age of pervasive -- if not exclusive -- electronic communication: No text messages OMG. Leave those for family and friends. Legal writing must maintain some modicum of formality. Text messages are constrained by space and formatting limitations, and, believe it or not (or BION), some people still don't "do" texts. Emails work Even the dinosaurs must admit this fact. Email is quick, efficient and widely accepted. Clients do not always need to be billed for the time to prepare a separate standard internal memorandum, especially if the issue is narrow and discreet. If the product is less than two pages, e-mail text is fine; otherwise, attach a Word document. Form matters Did I miss the memo that gave license to cast aside such things as capitalization, correct spelling and proper citation form when using email? Maybe it was sent as a text message. Regardless, form matters, and legal writing in emails should not look like ransom notes or 19th century cable-grams. While some elements such as the header, to/from fields, client/matter numbers and the like need not be included in the text of the email, the structure and form should be no different from the "old" paper memorandum. One issue with email is that long blocks of text are difficult to read on mobile devices, so opt for short paragraphs. Keep the core Legal writing is based on four core elements: rule, reason, example and application. It is essential that these elements be maintained, whether writing on a cave wall or in an email. Appreciate distribution It is remarkable that internal, privileged communications are not inadvertently distributed via email on a routine basis (I often check my "sent items" folder in a panic). Yet despite taking care in the initial distribution, one cannot control the forwarding of email. So double-check the initial distribution list, but assume that your email could be widely distributed. The only thing worse than the panic from an inadvertent distribution may be the embarrassment from sloppy work product that has been sent to clients, colleagues and the rest of the e-universe. BION TAC n EMSGS r NN. (Translation: believe it or not, times are changing, and email messages are nothing new.) ---------- Scott C. Ford is a partner at Mintz, Levin, Cohn, Ferris, Glovksy & Popeo in Boston. He can be contacted at sford@mintz.com. Published: Tue, Mar 29, 2011