THE LEGAL WRITING
CORNER
“ Hey , Here ’ s That Memo :)” — Email Etiquette for Lawyers
By Jennifer Cook and Denitsa Mavrova Heinrich
This issue ’ s column is inspired by a colleague ’ s short article entitled , “ Yo , Prof is Not the Proper Way to Address Me ,” which laments the tendency of some law students to write less than professional emails . 1 While “ Yo , Prof !” may not be a salutation either of us has experienced , the casual tone and improper address are all too familiar to us both (“ Hey , Mrs .” or “ Hey , Prof ” top our list of cringe-worthy salutations ). Many of our students get the practice of professional emailing right . But each year , we also receive a handful of emails that read more like a text message than professional correspondence . And there lies the rub . Because we live in an age where texting and other digital communication modes have reimagined the way humans connect with each other – replacing traditional writing and grammar with less formal and unstructured prose – law students and lawyers alike can forget that a lawyer ’ s email communication should always strike a professional tone .
This communication conundrum is common enough that our firstyear legal writing course ’ s textbook , A Lawyer Writes , 2 dedicates an entire chapter to writing professional emails . The authors identify three key factors to keep in mind when drafting and sending emails . Their advice is simple and sage : ( 1 ) keep your email correspondence professional ; ( 2 ) consider if email is the best mode of communication ; and ( 3 ) stop and think before you press send . 3
Polite and Professional Tone
On professionalism , the authors note , “ Sending an email to a colleague or client that is too casual is like wearing pajamas to the office . It reflects poor judgment . [ And it ] tells people how you view them .” 4 An email too casual in tone , reflected both in word choice and sentence structure , can provide an opportunity for the reader to infer a writer ’ s lack of respect for the recipient – intended or not . 5 An email should “ convey the substance [ of the email ] politely and professionally .” 6 To accomplish this goal , first review every email to consider how it will be received by the reader . 7 Even emails with neutral content can miss the professionalism mark because they lack the non-verbal cues abundant in face-to-face conversations . Take for example this email ’ s tone :
Jennifer Cook and Denitsa Mavrova Heinrich are faculty members at the University of North Dakota School of Law .
From : lawfirmassociate _ two @ lawfirm . com
To : lawfirmassociate _ one @ lawfirm . com
Subject : Re : Help with Summary Judgment Brief
Sorry – can ’ t
On 1 / 9 / 2025 , Law Firm Associate One wrote :
Good morning , Law Firm Associate Two :
I need some help drafting one of the arguments for the Smith summary judgment brief . Would you have time to help me out this week ?
Thank you ,
Law Firm Associate One8
*** In this example , law firm associate two might assume the other knows how busy they are and understands they needed to respond quickly . 9 Yet , law firm associate one may not know this fact and instead takes offense to the curt and seemingly thoughtless response . 10 Despite their hectic schedule , law firm associate two could have avoided any negative interpretation of their message by taking a minute more to draft a polite and professional email . 11 To correct the example above , law firm associate two should have included an appropriate salutation ( Hey , bro ! isn ’ t appropriate here ); a one- or two-sentence declination with proper sentence structure , punctuation , and grammar ; and a closing line with their name . Law firm associate one ’ s emailed request complies with the suggested corrections .
Other professional and polite tone tactics include resisting the temptation to type in ALL CAPS ( do not yell , even when opposing counsel might deserve it ); editing and spell checking so mistakes in spelling , grammar , and syntax don ’ t tarnish your professional credibility ; avoiding the use of internet acronyms like IMHO , 12 FWIW , 13 or ROTFL 14 since some experienced colleagues may not know their meaning ; and leaving the use of emojis or emoticons out of your email correspondence . 15 In other words , if you would not include it in a brief submitted to the court or in a client letter , then leave it out of your email .
26 THE GAVEL