Newspaper Articles

This collection of articles was published in the Detroit Legal News from 1995-1997. All were written in the infancy of the modern Internet, before the landscape surrounding Internet legal and business issues began to develop. Access to the Internet largely consisted of dial-up connections on a 14.4 kbs modem or slower. Both the technology and state of the law have evolved considerably since these were first published.

E-mail Is Fast Becoming a Lawyer's Best Friend

Originally published December 18, 1995

E-mail is by far the most common use of on-line services. The explosion of e-mail usage raises a number of interesting legal issues for attorneys. However, for most practitioners, e-mail will likely be a practice tool rather than a practice area.

Much like our experience with fax machine and voice mail, e-mail usage will grow significantly in the law practice as message security concerns are resolved and client demands for cost savings associated with e-mail communication increase.

E-mail provides the ability to transmit messages, letters, memorandums or even digitized files of text, sound and video virtually anywhere in the world in minutes. E-mail messages can be transmitted via an on-line service or Internet access provider, on a direct attorney-client modem link-up, or internally within an organization.

The only significant technical difference between external and internal e-mail is use of a modem and communications software or an on-line access account. However, there is a considerable difference in message security. As the scope of outsiders with access to the system rises, so does the potential security risk.

An internally-accessed computer system is the most secure. Most e-mail systems require a password. As a result, exposed files and non-secure faxes pose a much greater security risk for organizations with internal systems.

Direct client-attorney transmissions can be quite secure, particularly if they incorporate adequate encryption devices. Message transmission is over a closed phone line. Conducting transactions on a direct party-to-party basis using electronic data interchange software has been common in many businesses for years.

Internet-based e-mail security is still something of a question mark. Because Internet e-mail travels through multiple systems (though frequently in many different blocks of data), there is a concern that the information can be captured en route. Also, the potential for system "hackers" is an often over-exaggerated but real threat in many systems.

Fortunately, encryption software is widely available for internal and external use. Also, many of the newer software packages (including web browsers with their own e-mail function) are incorporating sophisticated encryption devices for the security-conscious.

Most e-mail programs are menu driven. A typical message format would be as follows:

E-mail is "sent" via the server to the recipient's email address. This is similar to a telephone number. The address is the recipient's computer pseudonym, followed by an "@" symbol, followed by identification of the user's server system. For example, my e-mail address is - remember, no spaces and no period at the end – gkendra@oeonline.com.

E-mail offers the ability to transmit messages and files internally or anywhere in the world at nominal cost in minutes. Unlike a telephone call, the messages are typically such that they do not demand an immediate response; they can be examined at the recipient's convenience.

The message may be to confirm a meeting, arrange a conference call, cancel an appointment, etc. E-mail messages themselves are usually brief and informal. Because they are typically composed just prior to sending, they frequently lack the detail (though not necessarily the importance) of longer messages.

An extremely useful e-mail feature is the ability to "attach" documents to messages. Because of this feature, an e-mail message can be analogized to a fax. However, unlike a fax, an e-mail message can be sent in a variety of media. More importantly, a message sent to the other side of the world can cost the same as a message sent across town.

Internal or closed e-mail systems facilitate internal correspondence while cutting down on the cost of increasingly expensive paper. Rather than sending a "hard copy" of a memo advising staff of an upcoming meeting, an e-mail message can be transmitted to everyone in seconds. The time and cost associated with printing, copying and delivering the message are virtually eliminated.

A closed e-mail system, if actively used, has tremendous utility. However, the real cost savings is through email transmission on a client/counsel connection or via the. Internet, either directly or through a commercial on-line service.

Imagine bow much money is spent in the legal practice every day on copy charges, fax charges, mailing and overnight delivery services. Such services truly may be necessary (as in the case of transmitting documents for execution, in a particular format, or with key notations and signatures). However, in many cases these services are used to deliver documents, proposals, etc., fresh off the printer.

Many of the traditional forms of document delivery can be accomplished faster and cheaper using on-line electronic transmission. Electronic transmission can also facilitate document revisions among clients, co-counsel or opposing counsel.

It's no secret that clients constantly are seeking ways to reduce' the cost of legal or other services. Many clients already are demanding use of e-mail based document delivery to reduce what are in many cases pass-through (or even marked-up) costs.

This trend will undoubtedly continue, particularly as technological and legal developments, as well as increased comfort with on-line services, overcome some current impediments to wide-scale email usage. In fact, offering email-based communications (rather than waiting for client demands) may make the difference in gaining or retaining clients in the very near future.