It is unrealistic, and often unfair, for attorneys (and their support staff) to assume that their email messages to other attorneys will be read within minutes, or even hours, of being sent. The attorney may be away from the computer screen and in court, on vacation, at home sick, out on errands, or maybe engaged in client meetings or conferences on billable time. Whatever the recipient’s reason for not immediately noting the arrival of such a message, the sender should acknowledge that an email message may not be seen for an extended period. If the intent of the message is to alert the recipient attorney that some action will be taken in the absence of a prompt objection, the sender should in fairness place a phone call to confirm (if possible) that the attorney will timely see the message.
Fred A. Kueppers Jr.
Kueppers, Kronschnabel & Daly, PA