US Lawyers CCing Bosses on Emails: Compliance Risks and Best Practices

• Email is a crucial tool for lawyers, but its ubiquity can lead to careless recipient selection.
• Adding superiors or others unnecessarily to an email chain can change the tone of a conversation and trigger compliance reviews.
• Compliance risks associated with copying superiors on email are real and should not be taken lightly by lawyers.
• Lawyers should exercise discretion when adding recipients to an email chain, considering factors like confidentiality and potential conflicts of interest.

By copying in a boss, the tone of the conversation shifts instantly.

Email has become an indispensable tool for lawyers, facilitating communication with colleagues, adversaries, clients, and other stakeholders in the legal profession. However, the ease of email use can lead to a lack of consideration when it comes to adding recipients to an email chain. This oversight can sometimes convey unintended messages, altering the tone of a conversation and potentially triggering compliance reviews.

A common scenario is when someone adds a superior or higher-ranking individual to an email chain due to dissatisfaction with the progress of the discussion. Perhaps they feel their concerns are not being addressed promptly enough or that their views are not being taken into account. By copying in a boss, the tone of the conversation shifts instantly.

This phenomenon was highlighted by Trustpoint.One CEO Christopher Gallagher during a conversation about email etiquette for lawyers.

The rules governing email use in the legal profession are largely governed by professional conduct codes and firm policies. These guidelines emphasize the importance of maintaining confidentiality, avoiding conflicts of interest, and ensuring that communications are clear and respectful. However, the nuances of email etiquette can sometimes be overlooked, particularly when it comes to issues like CC vs BCC.

The use of CC (carbon copy) versus BCC (blind carbon copy) can have significant implications for compliance with these guidelines. While CC is often used to keep others informed about a conversation, it can also inadvertently reveal sensitive information or create unnecessary tension within an organization. In contrast, BCC is typically reserved for situations where the recipient's identity needs to be kept confidential.

Compliance risks associated with copying superiors on email are real and should not be taken lightly by lawyers. Failing to exercise discretion when adding recipients to an email chain can lead to reputational damage, disciplinary action, or even litigation.

The implications of unnecessary CCing in emails extend beyond the immediate conversation. It can impact client relationships, damage professional reputation, and create a toxic work environment. Lawyers should be mindful that their email communication is not just about conveying information but also about maintaining trust and respect among colleagues and clients.

By adopting best practices for email etiquette, lawyers can ensure that their communications are clear, respectful, and compliant with regulatory requirements. This includes being thoughtful when adding recipients to an email chain, using discretion in sensitive matters, and avoiding the use of CC unless absolutely necessary.

Lawyers should be mindful that unnecessarily copying superiors or others on emails can change the tone of a conversation and may trigger compliance reviews, so it's essential to use discretion when adding recipients to an email chain.

Source: Original reporting via Lawyers Should Think Twice Before CCing Bosses To An Email