In the Spring issue of The Update, a publication of the Ohio Association of Civil Trial Attorneys (OACTA), Karen Ross discusses the benefits of including a well-being statement in emails to allow recipients to feel comfortable if they cannot immediately respond. 

Email is likely the most utilized form of communication in the legal profession. As long as you have a signal, you can send and receive emails. Most of us email with co-workers, colleagues from other firms, and/or clients on a daily basis; as part of my practice, I also email with lawyers, and their paralegals/staff, from the “other side of the v.” each day. This means I have A LOT of emails to triage, analyze, and respond to – not to mention the emails I initiate to raise issues, make requests, etc. Emailing, therefore, is something I try to make as efficient and user friendly as possible.

To that end, I email when it best fits my schedule, which often occurs in the evenings and on weekends, even on some holidays. When I send those emails, I do not expect a real time response. But I noticed that many people who responded to my off-hour emails, including non-lawyer legal professionals, opened their email with an apology for not responding sooner, explaining how they were tied up with an errand, a family obligation, etc. Their responses made me feel terrible for causing them undue stress. I would then respond telling them they had no need to apologize. This email reply/response process, which was inefficient and unhealthy for all, continued until I saw an Instagram post from a CEO in England. Recognizing that personal and professional responsibilities are different for everyone, he included a closing statement in his emails that fit exactly with what I was experiencing.

I decided to utilize his wisdom and create a similar statement after my signature block. My goal was to allow those who received emails from me to feel comfortable waiting to respond and know that their lives and responsibilities matter and deserve their attention, while also balancing the need to meet deadlines/client needs. Now, when you receive an email from me this statement appears before my signature block:

Well Being Notice: Receiving this email outside of normal working hours? Managing work and life responsibilities is unique for everyone. I have sent this email at a time that works for me. Unless it works for you, there is no need for you to respond to me outside of normal working hours. If I ever require an immediate response or urgent assistance, I will indicate that in the “Subject” of my email.

The statement is simple and makes clear that I value my time and the time of whoever I am emailing, as well as their judgment in how they manage their time. The statement also clarifies expectations and signals that I may sometimes need a response after-hours, but takes the pressure off the recipient to determine when that is the case. I know I could avoid sending emails in off hours by utilizing the delay/schedule send tool or saving the emails in draft form to send later. I, however, prefer to send emails in real time to ensure they appear as sent and I can then file/save them; I also think it is important to let others know I see them as a full person with a life outside of work.

The response to my “Well Being Notice” has been positive and appreciated. Some recipients have shared personal stories about the impact it had on them. Others recognize the importance of acknowledging the stress that comes with this work and that we must try to control it where we can. Several people have responded they are going to add a similar statement to their email signature blocks. Our work is hard enough. I am hopeful that others will consider ways they can help make it easier. Even if it is just a simple statement at the end of each email.