by Sonia Sujanani
Stepping into the practice of law can be both exciting and daunting. In this recurring column, the BBJ is pleased to offer seasoned advice and practical tips for new lawyers and law students to help them thrive in their careers.
Email is a daily necessity in legal practice. Yet, the art of writing emails is not taught in formal legal writing classes. Despite its casual appearance, email is an essential part of how we advocate for our clients and interact with colleagues, opposing counsel, and judges.
Emails are not just about getting information across—they shape your advocacy, perception, and professional reputation. The clarity, tone, and structure of your messages influence everything from your relationships with clients and senior lawyers to shaping the record before a judge. Even more critically, email is central to your ability to advocate. A well-crafted email can strengthen your case, move negotiations forward, and resolve issues efficiently. Poorly written emails can fail to communicate effectively, undermine your authority, and jeopardize your cases.
In this guide, I share tips for writing emails to advocate, not just communicate.
Know Your Audience: Tailor Your Approach
The first rule of email etiquette: know and understand your audience. A message to a senior partner at your firm is not the same as one to a client, opposing counsel, or the court. Each recipient has different expectations, and you should adjust your style based on who is on the other end.
Senior Lawyers: Keep It Concise and Structured
Senior lawyers are busy. Long-winded emails risk losing their attention. Be clear, direct, and to the point. Stick to the facts and avoid vague language. Bullet points help deliver information quickly.
Example:
Subject: Status Update on Johnson v. Smith – Discovery Process
Dear [Recipient],
Here’s a quick update on the Johnson v. Smith case:
- Received responses from the Plaintiffs’ side on our interrogatories.
- They’ve produced 50% of the requested documents.
- Awaiting financial records, expected next week.
Best,
[Sender]
This email is simple and structured for easy readability.
What about an update on a legal research question? While many of us learned “IRAC” (Issue, Rule, Application, Conclusion) in law school, remember that your audience may be reading your email from a phone. If you have a “takeaway” from your email, it should be at the beginning. Then follow up with your research, cases, and analysis. Attaching PDFs of the cases you reviewed, with key parts highlighted, can be a nice touch and help senior attorneys save time.
Example:
Subject: Johnson v. Smith – RFP 15: Rule 26 Burden Research
Dear [Recipient],
As discussed on Johnson v. Smith, I researched First Circuit case law regarding Plaintiffs’ burden under FRCP 26 in objecting to RFP 15 requesting financial records.
Short Answer: We have strong grounds to push Plaintiffs to produce the records. Plaintiffs bear the burden to articulate specific reasons why the production of records is too burdensome – a vague objection will not meet the standard. Our request for the last two years of financial records, from Plaintiffs’ sophisticated corporate entities, is narrowly tailored to the needs of the case.
Specific cases we can use to move to compel:
- [Full Case Citation #1]: Burden objections must include specific reasons to be upheld.
- [Full Case Citation #2]: Requests for 15 years of financial records were not overly burdensome. Records were maintained by bank and company auditors.
- [Full Case Citation #3]: Request for recent financial records was not unreasonable because records would already be maintained for tax purposes.
Best,
[Sender]
Opposing Counsel: Professional, Not Personal
Professionalism is critical when emailing opposing counsel, especially if the goal is to come to a resolution.
Example:
Subject: Johnson v. Smith – Request for Extension on Motion Deadline
Dear [Recipient],
Regarding Johnson v. Smith, we are in receipt of the [#] documents you produced on [DATE]. Given the volume of documents, will you assent to our motion requesting a brief extension of time to file our anticipated motion to compel, from [DATE to DATE]? An additional [#] days will provide us with the time necessary to review the materials thoroughly, further evaluate, and potentially narrow the scope of our motion. We are, of course, happy to offer a similar extension for the motions to compel that you are considering.
Please let us know if this works for you or if you would like to discuss.
Best,
[Sender]
This email is polite, direct, and professional—and gives room for negotiation. Remember, opposing counsel could always forward the email to others or, as described below, use it as an exhibit in a court filing.
Emails That Become Part of the Record: Precision Is Key
When your email might be entered into the court record, there is no room for error. Correspondence related to discovery objections, for instance, could be cited in, and attached as an exhibit to, a motion to compel. Your language must persuasively communicate your position and avoid mistakes that could be used against you.
Example:
Subject: Follow-Up on Meet and Confer Discussion – RFP Response in Johnson v. Smith
Dear [Recipient],
I am following up on our meet and confer conversation earlier today regarding the production of financial records requested by RFP No. 15.
As discussed, your client has objected to the request on the grounds of [objections]. As we outlined, these objections are inappropriate under Federal Rule of Civil Procedure 26(b)(1) and (b)(2)(B) because they lack adequate explanation or factual support, and we maintain that they are improper.
Rule 26 requires the responding party to provide specific details as to why a document request is not proportional to the needs of the case. Your vague objection based on burden, without further explanation, does not meet the standard. The requested documents are directly relevant and not unduly burdensome to produce, given their narrow two-year scope.
Please confirm that your client will produce all responsive materials to RFP No. 15 within the next [X] days. If we do not receive confirmation or a detailed justification for withholding documents by that time, we will be forced to file a motion to compel with the court.
Please let me know if you have further questions or if you wish to continue discussions to resolve this without court intervention.
Best,
[Sender]
This email is formal and lays the groundwork for a motion to compel.
Tone and Clarity: Your Message Matters More Than Your Words
Tone is crucial in an email. In face-to-face conversation, body language helps convey intent. In an email, you only have your words. A poorly crafted sentence or inappropriate word choice can make you sound rude, evasive, or overly casual. Precision is key.
Formatting: Make Your Email Easy to Read
The best emails are not just well-written; they are easy to read. If your email is one long paragraph, recipients will likely skim over it. Short, well-organized emails are much more effective.
Start with a clear subject line. It should communicate the email’s purpose, so the recipient does not need to open it to know what it is about. A strong subject line helps your email stand out and shows you value the reader’s time.
Bad Subject Line: “Update”
Good Subject Line: “Johnson v. Smith: Discovery Status Update”
Simple, right?
Within the body of the email, use bullet points, headings, and short paragraphs to make your message scannable. Visual aids like bold, underline, italics, and visual space can emphasize important points and structure your email, making it easier to read.
Example:
Subject: Internal Update: Discovery Issue – RFP No. 15 – Status and Next Steps for Johnson v. Smith
Team,
For Johnson v. Smith, below is an update on RFP No. 15 following today’s meet and confer discussion with opposing counsel about the production of financial records.
Key Takeaways from Meet and Confer:
-
- Opposing Counsel’s Objections:
- Relevance Objection: They objected to the production of the requested financial records, claiming they are irrelevant. However, we reiterated that under Rule 26(b)(1), documents that may lead to the discovery of admissible evidence are relevant. These records are tied to the claims.
- Burden Objection: They also raised a burden objection, claiming it would be overly burdensome to produce. We countered that the request is narrow (limited to records from the last two years), minimizing the burden.
- Requested Documentation:
- Opposing counsel acknowledged withholding some documents but failed to provide a justification. We’ve requested a privilege log or specific explanations for withheld documents as required by Rule 34.
- Opposing Counsel’s Objections:
Action Items:
-
- Document Production Deadline: I’ve given opposing counsel a deadline of [insert date] to produce responsive documents or provide a privilege log.
- Next Steps If No Production: If opposing counsel does not provide either the documents or adequate justification by the deadline, we will move to compel. I circulated research to support a motion to compel yesterday.
Please let me know if you have questions.
Best,
[Sender]
Proofreading: Small Errors, Big Consequences
Proofreading seems simple but is often overlooked. Double check your recipients (to avoid accidentally sending confidential information to parties outside of the privilege). Make sure referenced attachments are attached to your email and in the correct form for your audience. Make sure there are no internal emails or draft language in the conversation chain below your email. Misspelled words, bad grammar, or sloppy formatting can damage your credibility, especially when you are building your reputation as a new lawyer. Email is an opportunity to demonstrate professionalism and attention to detail. Do not let simple mistakes hurt your image. You are more likely to catch mistakes if you read your email aloud to yourself, rather than re-reading silently what you wrote.
Watch out for version errors as well. Sending a draft with internal comments to the client can be embarrassing, but sending it to opposing counsel can risk work product protections.
The Big Picture: Email Is Your Digital Reputation
Mastering email is about more than just clearing your inbox; it is about effective communication that reflects your competence, professionalism, and personality. Emails may feel like a small part of your day-to-day job, but they represent a huge opportunity to build your reputation.
Emails are also a tool to foster relationships. Whether you are working with colleagues, negotiating with opposing counsel, or communicating with clients, emails help develop trust and show that you are reliable, thoughtful, and competent. However, careless emails can damage those relationships.
So, take the time to craft each email carefully. With these principles in mind, you will become the kind of lawyer who not only knows the law, but also communicates it with precision, clarity, and professionalism. Over time, this habit will pay off—not only in how others see you, but also in your success as a lawyer.
Sonia Sujanani is Counsel at Wilmer, Cutler, Pickering, Hale & Dorr. Her practice focuses on high-stakes securities, class action, consumer fraud, and RICO matters. She was recognized as a Top Lawyer in Securities by Boston Magazine in 2023 and 2024.
