Lawyers are often thought of as people who communicate for a living. There is some truth to that, but I find just as frequently, that the best advice I can give is to reign in the impulse to respond and often, to shorten the response to its essence. The reason? As someone who has spent more than his fair share in trial, I can tell you that a case becomes weaker with every minute someone has to spend explaining away a letter that never should have been written. In light of my hardly unique experience with a response begging to be sent, I thought I would present my rules – hard won after 26 years of adversarial communication. Knowing what to say, when to say it, how to say it, and when not to say it is a skill set rapidly becoming unique in American business. Train your people. Well-crafted communication is everyone’s job. Check out more resources at www.wagonheim.com/resources!

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2. Only write what you wouldn’t mind
seeing blown up in court as Exhibit A

3. One paragraph
is better than
two; two
paragraphs are
better than
three.
I always cringe when I see that my client has written a novel to the other side.

4. If the only point of
the message is to
convince someone
they’re wrong
using facts they
already know,
don’t send it.

5. Nothing belongs in ALL CAPS.

6. Imagine you feel
just as strongly,
but that you’re
writing to your
mother.

7. Spelling and grammar count.

8. Just the facts. Feelings are for your
therapist.

9. Rage has no place in business
communication.
If you’re reaching back to bring up past slights that have nothing to do
with the current issue, know it for what it is – rage.

10. Ask yourself what you would be
writing if you were on the other
side.

11. Active voice should always be used.
(That’s a grammar joke, right there.)

12. If you want someone to do
something, set a timeframe or
deadline.

13. No threats.

14. Respect that reasonable people
can disagree.

15. Cc’ing your lawyer does not scare anyone.

16. Invite the other side to show you anything
you should consider when you analyze their
point of view

17. Allow everyone a graceful exit
and a way to save face

18. Calm down and think: would this situation
be better off if I did not hit “send?”
SEND?

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