E-Memos 2.0: An Empirical Study of How Attorneys Write

Abstract

Email has changed law practice. It is now changing the legal writing classroom. For over a decade, scholars have developed a foundation for teaching e-memos. But as e-memo pedagogy evolved, scholars diverged in their advice and their textbook samples, leaving professors and students with contradictory instruction. This Article seeks to bridge that divide and build upon the scholarly foundation with empirical evidence. Between 2018 and 2019, over 100 practicing attorneys reviewed and ranked sample, substantive e-memos and answered questions about e-memo preferences and habits. The results of the study reveal attorneys prefer e-memos with explicit and detailed legal reasoning, not the terse responses some predicted. Statistically significant data additionally show a demographic split in how attorneys ranked the samples. Specifically, there is a preference for e-memos that trade a more traditional format for concise prose and organization among (1) younger practitioners, (2) those who routinely write e-memos, and (3) attorneys at larger firms. Substantiated by data, this Article proposes concrete steps for drafting e-memos and updated best practices for teaching them.