E-Mail and Voice Mail: Does It Help or Harm Team Work in a Law Firm? -

The Results of a Special Survey

By way of a survey by e-mail, the editors of "The Network" asked the following: "The statement has been made that high-tech communication between members of the same law firm, particularly e-mail and voice mail, have hurt team work and collegiality within the law office. What do you think about that statement? Do you agree, disagree, why, why not? Please include any other comments about the subject you may want to make."

We had many responses. Here they are.

David Hirsch (Greenberg Traurig, P.A.)

Threefold response:E-mail itself, which is usually used for quick, unemotional communication, is by its nature, impersonal. As a result, the character of the messages is usually without inflection and emphasis, which is quite impersonal. Unlike voice, this characteristic leads to misunderstanding of what was communicated, how it was communicated, or the intention of the communicator. These all lead to somewhat negative results, whether intended or not. It takes a great deal of effort on the part of the sender, especially when communicating instructions or opinions, to read what he/she has written before hitting the "send" or "reply," or especially the "reply all" button. E-mail must be viewed as rapid delivery memoranda. Failing to do this leads to e-mail exchanges (and I have watched many transpire) where parties mistake words for threats, criticisms or orders (without the authority to give them), resulting in a failure to communicate, and worse, interpersonal and group squabbles and outright battles. "Reply all" often involves parties who have no need or business to read the discussion, breaching either confidentiality or wasting time or the recipients. Thus, the very simplicity of the system is a root cause of some of the problems it creates.

On the other hand, and this is particularly true in larger Firms with multiple offices, the system actually draws people together with constant, instant communication. Names of those in our new, far-flung offices become familiar to us, and us to them, although we do like to have the chance to put a face with that name. With the advent of wireless systems like"Blackberry's," recipients don't even have to be logged in at a computer to receive important information. We use our system to support each other. There isn't a day that goes by where I do not see an e-mail from one lawyer to all lawyers in our Firm inquiring about a particular legal issue, lawyer referrals in remote locations or practice areas we do not routinely handle, or examples of work, followed within usually less than an hour of another e-mail thanking everyone for their responses, they have enough! What system prior to e-mail offered such potential for lawyers helping each other at a moment's notice?

E-mail avoids voice mail tag. Reading is easier than listening, and it is usually easier to communicate more completely than by voice mail, with the caveat of my first point above. It allows transmission of information in a complete form, if desired. In conjunction with other systems that are either attached or launched, it can greatly enhance productivity. It allows similar communication with the outside world, clients and business relationships, in high speed fashion.

Marilyn Moran (Salomon Kanner Damian & Rodriguez)

Since we are so small we do not use e-mail in the office. However, I do use it all the time outside of the office, especially with ALA. You are correct; the personal side is gone. However, like this memo, you can reach many people at one time and in a short period of time. For that it is good. However, the speaking voice is still the best to get one's point across accurately about a particular matter.

Joseph A. Epstein, CPA (Berger Davis & Singerman)

I have often said that e-mail is the "chicken's way out." Not only do people not talk about the positive, they use it to avoid the negative and conflict. I am constantly e-mailing members of the firm that "I am not having that discussion over e-mail!". I force in-person discussion on a regular basis.Obviously, e-mail has some major advantages, but I agree that there are also negatives that will not change until someone pulls the plug!We are also educating our kids the same way. When I was a kid, all we had was a telephone. Nowadays, except while at school, kids have all their "conversations" by chat and e-mail. It will be interesting how the future evolves with the next generation.

Elsa G. Bergolla (Kozyak Tropin & Throckmorton, PA)

I happen to think that e-mail and voice mail have increased the efficiency and productivity of the work environment. I know that we are losing the personal touch, however, in this fast moving world, it is less stressful by relaying your message, instructions, etc. by e-mail and voice mail.

Richard Hrebik (Walton Lantaff Schroeder & Carson)

E-mail saves an incredible amount of time for our attorneys and staff. On January 1 of this year I advised my firm that e-mail was now our primary means of communication. Since then, memos have almost become nonexistent. Attorneys don't have to make a tape, give it to a secretary to type, then have it copied and delivered by office services to the addressee(s), then wait for a reply, accomplished in the same time-wasted manner. Trying to convey the same message by telephone often causes time wasted playing telephone tag, parts of the communication can and are forgotten or misunderstood, and there is no written record of what was discussed. E-mail, on the other hand, provides instant communication involving only the time it takes the sender to type the message (no one else's time or materials are required), they send it at their own convenience, and responses are received faster than responses to memos, and very often faster than by telephone. In addition, if you have arranged your network to allow access externally, you can read, create, and send communications from home or when out-of-town or even out of the country. You don't have to wait until you return to the office, or try to make a telephone time at a time when you might catch someone in the office and available to speak with you.

What about face-to-face contact? When that is the most appropriate way to communicate, we still do. We have realized only positive benefits from using e-mail. And some of our clients even request we communicate with them via e-mail instead of by letter or telephone call. Use of scanners makes it possible to send letters and other documents as attachments to your e-mail, again saving paper, envelopes, postage and time. E-mail is possibly the greatest time and material saver of any computer capability available to the working world today.

Mirlene E. Dubreuze (Nelson & Associates, PA)

We are basically a small firm so we have to interact with each. But, we do use e-mail to communicate information, deadlines, etc. All of us in the firm find it extremely helpful since we can print the information received and have a record of it and likewise we can keep a handle on information we send out. I can flag it for follow up, task complete, etc. It is an excellent way of keeping track of assigned tasks. I LOVE E-MAIL!

Carmen A. Caldas, (Sandler Travis & Rosenberg, PA)

While I agree that electronic communication, at first glance, appears to take away the personal touch of seeing each other, our firm heavily relies on electronic communication to bring us closer. Since we have 12 offices throughout the US and Latin America, sometimes the only way to communicate is via e-mail or voice mail.

There are attorneys and staff I have never met, but when we speak on the phone or send e-mail, we treat each other as if we had known each other for years. I believe that it’s the way we communicate regardless of whether we are face to face or "faceless" that counts. Our e-mail and voice mail should reflect the way we would speak and treat our co-workers and professionals by adding personal touches to how we express ourselves. Obviously the times I have actually met one of our employees or professionals from one of the other offices have been great because we can put a face to the voice, but it doesn’t make a difference in the way they are treated or, for that matter, in the way they treat me.

With regard to teamwork, many of our professionals and administrative staff have to work on projects which involve the combined efforts of two or more of our offices. The fact that we do have e-mail allows the projects to be worked on by anyone or shared between several people. The proof of good teamwork is being able to work together despite logistics and our firm has been very fortunate to have individuals and staff members who can work well together under these circumstances.

Whenever we have a new employee join one of our offices, we send out an e-mail to all offices introducing the person (regardless of that individual’s position) and give a little background on the person. That way everyone knows the name of the person, their position and which office they are working out of.

The professionals have regular conference-call weekly meetings where they gather in their respective conference rooms throughout all of our offices and talk to each other as if they were in the same room. –– They also attend a couple of meetings during the year where they are face-to-face. The secretaries do the same on a monthly basis via conference call which allows all of them to get to know each other and talk to each other as if they were in the same office. Our MIS group does the same as well as the Office Managers of our other offices. Although I have met one of our office managers personally, I haven’t met the other one, but we are extremely close and call each other all the time or send e-mail to each other with information.

I, personally, feel that we can get information much quicker or responses faster via e-mail and voice mail because if the inquiries are thorough initially, the person responding will have the information requested when they call back. It saves time and money –– which is what most firms’ bottom line is all about anyway.

Tricia Johnston (Akerman Senterfitt)

I would definitely agree that the use of voice mail and e-mail has "depersonalized" our relationships with others. I believe this has a negative impact on overall people-to-people contact. While voice mail and e-mail are convenient tools of communication, they have added another layer of stress to our lives. I also believe that people have a tendency to be "more open" with e-mail transmissions. I have encountered this on a personal level. This could be considered a positive or a negative. I don't feel like any of us have a choice on how we communicate - it is what it is. If we stick our heads in the sand, we will suffocate.

Carlos Juenke (Hunton & Williams)

I have used e-mail for so many years, I can't envision any other format. The purpose of communication is the sharing of ideas, giving instructions, etc. Although e-mail doesn't convey the invaluable body language, it is a proven vehicle for the purposes that we communicate. I don't think that it is an "either-or" dilemma, I have found that e-mail enhances rather than detracts communication.

Julie Perez (Hogan & Hartson, LLP)

I think e-mail replaced the interoffice memo and voice mail replaced the message slip. They have nothing to do with collegiality. If a firm has it, it will continue to have it no matter what. If it doesn't, not using e-mail and voice mail won't make that change.

Maritza Jimenez (Bander, Fox-Isicoff & Associates, PA)

We have no problems communicating in this firm. We have monthly luncheons which include all employees and we cover from the latest immigration developments from Washington to who is having a baby. Paralegals, secretaries and some attorneys have lunch together in the kitchen on a daily basis. We use our e-mail service, both Internet and TimeMatters to communicate client-related matters that should be part of the permanent file. Also, if you need to, send an e-mail to ALL and make sure you don't miss anyone. I believe it saves time. It certainly beats calling someone on the phone and risk interrupting a train of thought or conversation with a client. It is also direct and to the point. If you leave your office to deliver a message, chances are it will take you longer to get back to your task. Obviously, if the matter to be discussed is confidential or lengthy, personal communication cannot be replaced. All in all, I think it is a great tool and like most, when handled properly, it is a great asset to any group of people.

Vicki Lindner-Lopez (Gunster, Yoakley, Valdes-Fauli & Stewart, PA)

I disagree because teamwork is not only obtained through personal contact but you may also obtain teamwork through any contact of several individuals working together. E-mail and voice mail are means of staying in touch and communicating effectively to others. Although they may never replace the personal touch of speaking with someone in the flesh, they are the means of the future that we must adapt to.

Bernadette Peters (Richman Greer Weil Brumbaugh Mirabito & Christensen, PA)

I disagree re e-mail hindering communication by making it impersonal. I believe plenty of opportunity exists for people to interact, and social interaction still takes place on a regular basis. E-mail provides instant communication that would have been done by memo, which was time-consuming and costly. The time saving is enormous and this improves the bottom line, which is something we all benefit from.

Christine A. Simpson (Kelley Kronenberg Kelley Gilmartin Fichtel & Wander, PA)

While I am the very first to agree with that point of view, from a personal standpoint (i.e., technologied to death -- more communication has simply created less intimacy and lack of personal contact) in business it is extremely helpful.

I have five offices spread all over Florida and the ability to e-mail everyone is terrific. I am a ruthless communicator, and our clientele are constantly creating new things to know and remember so I am able to get messages out immediately). Everyone then is required to keep files on all e-mail on all clients, etc., plus communications on the computers, meetings, etc. would be a nightmare with the e-mail. Voice mail helps but we use it only as a presented option to callers - a person is always available to take a call.

Nancy Reyes (Greenberg Traurig, PA)

I think electronic communication does more good than harm. In this fast paced world we live in with so many demands on us as Legal Administrators, I think it has become a necessity to use this form of communication. I still walk around the office, I still attend or conduct meetings on a monthly basis with all personnel - staff and attorneys. I think the key is to use good judgment as to what form of communication is best depending on the subject matter. Some topics may best be served with the personal touch and others may best be served with a quick e-mail to get responses.

Michelle R. Weber (Bilzin Sumberg Dunn Baena Price & Axelrod LLP)

I think one needs to be careful what subjects are communicated in e-mail - not all of them should be. And I also think that it makes many things way more efficient - I am a fan, but discretion must be exercised.

I also think that e-mail does get used to enhance morale. I often see e-mail go back and forth that brings humor to whatever the issue at hand is - whether it is a football game outcome - new lawyer announcement - someone winning a trial.

Laura St. Peter (Catri Holton Kessler & Kessler, PA)

It is not the technology that is to blame. It is the way in which we choose to use it. For many obvious reasons, e-mail and voice mail are wonderful additions to our daily communications mediums. One's choice to send e-mail when a personal delivery would be appropriate is not the fault of the system. Not too long ago, I received a certified letter from a collector from one of my vendors. I was upset and inquired as to why I had not been contacted by phone as my relationship with this vendor did not warrant such a drastic action. The collector abruptly explained to me that she had left more than 20 unanswered voice mail messages for me and then proceeded to give me the specific dates and times she left these messages. When she was done rattling off the list, I informed her that I do not have voice mail. The silence continued for an eternal 30 seconds. Obviously ignoring voice mail messages is so common place now that anyone with the technology would not have doubted her story. Just like all things at the office, it requires proper management. That is why we are here.

Johnson Thomas (Coll, White & Billbrough, PA)

I disagree. Communication by way of electronic medium is very effective at our firm. Especially, e-mail confirms receipt and review (and the date and time) of the message. We actually encourage our attorneys and staff to put things in writing via e-mail to ensure documentation, and as a result, accountability. Groups often meet and discuss the e-mail they receive and send on particular topics. Additionally, it saves a lot of time. From what I have seen, most of the time, individuals do not put in writing what they would otherwise communicate verbally in person. This helps maintain civility especially among staff members. Therefore, I am all for e-mail communication.

Neysa Rich (Brady & Coker)

I agree that the use of internal e-mail would tend to promote isolation amongst staff and might contribute to misunderstandings between people. Personal contact gives us the opportunity to assess not only the words but the body language attendant upon those words. This effect is demonstrated even in a small firm such as ours (four attorneys, seven staff members). We doubled our internal environment in the last year which has meant less personal contact. I had promoted enlarging our office for some time and was pleased to have finally accomplished this goal. However, in the process of providing each of us with more space, I have been surprised to find that the level of disharmony has increased. I have not instituted internal e-mail--although it certainly would save steps and time--and I would be reluctant to do so now that the nexus between isolation and social comity has become clearer. But how do we save ourselves from the plague of progress?

Phil Guerra (Adorno & Zeder, PA)

You raise an incisive question that has as many angles to it as the Hope Diamond, and is just as enigmatic. Clearly, e-mail and voice mail are part of the electronic marvels that have been sought after forever . . . instant, reliable communication at the touch of a button. But, like every advancement, it comes with a price(often undetectable at the outset); in this case it requires people to change prior habits about the manner and style used in communicating with others. Instant electronic communication, available to everyone without any complicated technical skills, in and of itself, has proven to be a wonderful tool. In this context, users have been provided with a means to exchange thoughts, pose questions, provide answers or give information using simple, easy to understand technology. By the very nature of these tools (e-mail and voice mail), we have most certainly improved our ability to interact with others efficiently . . . if not always effectively. The enigmatic problem I see with both e-mail and voice mail is that each has served to embolden the

"sender" often at the expense of the "receiver." Clearly, it’s much easier to express thoughts via e-mail or voice mail that in face-to-face exchanges would often remain unspoken (that is, more thematic than uttered). I see the use of these communication mediums being used to express thoughts that are couched in less than civil and courteous tones. The net effect of those messages which are typically more emotionally driven (and, certainly, all electronic messages do not fall into that category . . . but much too many do!) is to further drive a silent wedge between sender and receiver, resulting in the types of losses you address in your question (collegiality and other bonds between co-workers at both the professional and staff level). My very response to your question (using e-mail) can be easily misinterpreted because you cannot witness my demeanor and style as I respond. That loss of personal contact in communicating with each other (in the office, at home, and everywhere) tends to further isolate us from each other . . . making us each a little island unto ourselves, seeing ourselves as the center of our own personal universe. We lose the enjoyment of the give and take that face-to-face discussion provokes, and it puts"bookends" on the scope of the subjects at issue. I am also realistic enough to know that we cannot turn back the tide of the electronic revolution - the rewards are too substantial. The challenge to us all is to use these new communication tools in such a way as to preclude, to the extent possible, their inherent limitation. It goes back to changing habits about the manner and style we use in communicating via e-mail or voice mail. Without an appreciation of the "emotional delivery context" that messages received bye-mail or voice mail can have, we stand the chance that the "message" will be overshadowed by the tone and style of the delivery. None of these ideas are new . . . but we need to be constantly reminded that we are each responsible for the power of the spoken or written word. (Which is why on early IBM computers a little sign was included which said simply: THIMK!)

Claudia A. Hoffman, CLM, (Holland & Knight LLP)

As I type my two-cents' worth regarding the positive and negative impact of e-mail, I have to realize that I have full intention of sending this to you by . . . e-mail! Obviously, e-mail is a wonderful tool, but a tool which should be used like all other tools--properly and when it will serve a purpose.If I had to pick between "I like it" or "I hate it," then I would have to pick the "I like it." Here are the good things:

It is a necessary tool for me to do my job. I must communicate locally with 200+ people all day, every day. There is no way I could do that without e-mail. Many times I need a record of information at the same time I communicate it, and e-mail serves both of these purposes. I also must communicate with people in other time zones, and e-mail is excellent for this purpose. I can send the e-mail at any time, and the next day my answer is waiting for me!I also must keep many people informed at all times. Again, there is no better way to do this--both for cost or speed--than using e-mail. If you use e-mails systems to their full potential, you can create folders for quick, desktop reference. For example, I have some policy forms (such as for our 401K plan) in an e-mail folder, and when someone needs a form, I simply e-mail it to them. They simply print it on their laser printer and have the form much faster than if I used interoffice mail or even walked it to them myself. (We have 6 floors here!)Communication has no location limitations either. If I am traveling out of the office and need to communicate with the office, I can find any Internet provider and send an e-mail. (This could be a negative, which I'll mention below). I remember sending an e-mail from New Zealand!E-mail is also a good way to say a quick "hello" to someone to let them know you are thinking of them. For example, if I know someone had a bad day or was out because of an injury, or even to just congratulate them on their child's graduation, I can send a quick e-mail. Again, to do so in person just took too much time, and to write a note, just didn't get done.Having mentioned the above, you can see that I obviously am a fan. However, there are definitely some negatives with e-mails, and I have experienced them, too. Here are the bad things:First and foremost, you cannot see expressions or hear the tone of someone's voice in an e-mail. I have direct experience with this. Once in sending what I thought was a very humorous response to a request, the recipient could not see my smile or hear my chuckle and though I was being serious.Thus, he took my response for a "snotty" one. Of course, I immediately picked up the phone upon receiving his e-mail response to explain myself. Second, in the heat of anger or frustration, if you cannot get to the "recall" button quickly enough, you may be sorry for what you sent. A good rule of thumb when you are feeling emotional is to type the e-mail but don't send it for a couple of hours. More than likely you will decide not to sendit after all if you wait a bit.Third, at some point, you just MUST disconnect from the office. When constant e-mail availability, this is becoming more an more difficult. Again, you may need a "rule of thumb" here. Vacation means just that . . . vacation. Leave the Blackberry's and other e-mail devices at home! All 600 will be waiting for you when you return!That being said, e-mail--with some simple rules and good judgment--is an excellent and necessary tool for everyday business. How else would I have been able to communicate so quickly with Prague regarding those wine glasses which I was waiting for several months!