Do We Still Need E-mail? by David Whelan [originally posted on Slaw.ca, November 16, 2009] The issue of e-mail management is now old hat for anyone involved in the practice of law. Rather than asking whether lawyers use it, it is a story when lawyers choose not to use it. The world has grown more complicated, though, as we try to figure out where to place our energy integrating new technologies, like Twitter or Google’s Wave, into our work. Even our choices about how to use e-mail have expanded.
E-mail often reminds me of books. It is a technology that, for all its faults, remains a tremendously useful way to share information. More importantly, there are strong tools to control how we interact with it. Whether or not you are one of the 85% of lawyers using Microsoft Outlook or Outlook Express, according to the 2009 American Bar Association Legal Technology Survey Report, you should be able to exert a lot of control over your e-mail. Filtering, spam control, and junk mail blocking are all within your e-mail toolkit.
Even Web-based e-mail is providing a home to large numbers of lawyer messages. The third most popular product mentioned in the ABA survey was “Web-based e-mail”, like Google Mail, Yahoo! Mail, and Microsoft Live, formerly known as Hotmail. According to a March 2009 Experian Hitwise report, Yahoo! Mail accounts for over half of all Web-based e-mail visits in the U.S, with Google Mail a distant third with about 10%.
Some would say that we are moving into a phase where microblogging will take the place of e-mail for communication. In a podcast following the American Bar Association Techshow in 2009, Dennis Kennedy suggests that, in some cases, “e-mail is broken” and that Twitter is a good alternative to using e-mail (@ 18:00).
The role that Twitter is playing, regardless of where it might go in the future, seems to be coming clearer. There is no question that Twitter, probably the leader in microblogging, is gaining ground with the age demographic that reflects a large portion of the legal profession. But it tends to be a small minority (10%) that is generating most of the activity on Twitter (90%). Twitter’s role isn’t as an e-mail replacement for lawyers but as a broadcast tool, ideally suited to marketing to clients and potential clients. Like blogging as a marketing tool, using a microblogging service as a communication medium will require time and effort to create interesting 140 character posts and also to create a following. More importantly, if you are going to spend the time on a tool like Twitter, you will need to make sure your audience exists. Nearly 75% of Canadians were unaware of Twitter’s existence earlier this year and less than 2% use it. Unless you are building a national book of business, microblogging may not be a sensible investment of your time.
Where does that leave emerging communications platforms like Google Wave? It looks a lot like e-mail but with some new benefits and drawbacks. Lawyers using Web-based mail will get the general idea of communicating through the Web browser. Unlike Internet-wide e-mail, Google Wave users are in a closed network, so you know that anyone with whom you are communicating also has Google Wave. No spoofed addresses, for example. It may be a rare case where someone might actually know you’re a dog on the Internet. Google Wave users can collaborate asynchronously, like e-mail or Twitter. They can collaborate synchronously, like a chat session or online meeting.
But your clients may not ever get on to Google Wave or similar platforms. Like microblogging, these next generation communications tools may have limitations due to whatever learning curves, in awareness or use, they create. Unless you are working with other professionals or using them with others within your own practice, e-mail may remain the most reliable communications medium.
Google Wave is still in a very limited trial, although a number of lawyers have been invited and have suggested how it might be beneficial to the profession. In most cases, these communication practices sound similar to how we already use e-mail. They raise the same issues as other Web-based applications or software-as-a-service relating to client communications and security and retention issues.
It may be that these new technologies are more of a distraction, and that we should be thinking more about how we use e-mail and minimizing its defects or maximizing both its benefits and its acceptance by others. When we take a foundation communications tool and use it more thoughtfully, like focusing on our “forwarding quotient”, we can find new life in a tried and true communications tool.