Law Practice Management
Check E-Mail Hourly, Quinn Partner Says, Unless in Court, in Tunnel or Asleep
Posted Oct 19, 2009 10:24 AM CST
By Martha Neil
After doing a great job on a rush project, a relatively new associate at Quinn Emanuel Urquhart Oliver & Hedges made a mistake. He didn't check his e-mail.
As a result, he missed a senior partner's instruction that he should send out a draft document for client review before calling it a day. Partner A. William Urquhart notes the mistake in an e-mail he sent the next morning to firm attorneys, which is reprinted in Above the Law, and exhorts the troops to pick up the pace as far as electronic message review is concerned.
Lawyers should be checking their e-mail hourly, unless they have a very good excuse for not doing so, Urquhart says, such as being in court, in a tunnel or asleep.
"One of the last things you should do before you retire for the night is to check your e-mail. That is why we give you BlackBerries," he writes.
Urquhart declined to comment about his e-mail when contacted by the ABA Journal.
Related earlier coverage:
ABAJournal.com: "Vacation or Not, Lawyers Should Be Available via E-mail, Cleary Partner Says"
ABAJournal.com: " ‘Reply All’ Was a Mistake, Peeved Partner Tells Quinn Emanuel Associate"

Comments
AndytheLawyer
Oct 19, 2009 11:15 AM CST
Presumably this will limit Quinn Emmanuel attorneys’ sexual encounters to 59 minutes, unless a new form of multitasking becomes socially acceptable.
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KDM
Oct 19, 2009 11:31 AM CST
Nice one AndytheLawyer!
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DKR
Oct 19, 2009 11:41 AM CST
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tim
Oct 19, 2009 12:20 PM CST
Reviewing email means more billable time.
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B. McLeod
Oct 19, 2009 2:18 PM CST
Asleep? What!?
Being asleep should not be an excuse. “Associates” can easily set their alarms to wake them every hour on the hour, to check for the (unlikely, but possible) E-mail actually sent by a partner after 5:00 (some may have their blackberries at the local bar, or on the golf course). Another alternative to accomplish the same goal would be to implant small electrodes just under the “associates’” eyelids, to give them a jolt of electricity every hour. That would stop the goofing around. They can sleep when they’re laid off!
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associate
Oct 20, 2009 8:56 AM CST
4, Tim, quit perpetuating lies. You can’t bill for reviewing email any more than you can bill for time when you’re talking about something other than the case, or talking to a potential client before you agree to represent. Dishonest, or uinformed, which is it?
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B. McLeod
Oct 20, 2009 9:16 AM CST
Actually, I think Tim has this one. The E-mails probably contain some basic information and directions the junior woodchuck needs to start the assignment. You can pretty well bet the time spent reading the E-mail is going to be billed.
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Dr Phun
Oct 20, 2009 10:22 AM CST
I am glad I read this article. As a client, I now know that teh attorney is ignoring me if I don’t get a response within an hour. Thanks for upping my service expectations!
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Solo
Oct 20, 2009 11:13 AM CST
He sent the email to the associate at 7:30pm. Did the partner really think the client was sitting by his fax machine at 7:30pm anxiously awaiting it? And if the partner thought the client WAS, then why didn’t he place a phone call – to that VERY SAME BLACKBERRY—and thus get positive confirmation that the associate checked his email?
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Bean Counter
Oct 20, 2009 2:56 PM CST
McLeod,
I am sure that the “Associate” is proposing a mind reading device to be implanted inside all associates, so the information will pass to every associate without the need to review emails (or answer any phone calls).
You can bet that I am billing my clients for my time in reviewing emails just as I am billing them for the phone calls.
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B. McLeod
Oct 20, 2009 9:07 PM CST
Yes. I think that is pretty much the practice everywhere.
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Joe
Oct 21, 2009 8:03 AM CST
Clients know they have access to our lawyers 24/7. We are always on call to serve our clients. There is no time off when you are a lawyer.
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kasey
Oct 21, 2009 9:03 AM CST
It is true that the associate should have checked his (or her) email once more before completing calling it a night, just in case he received some information that required a substantive change to the project. I know that this is what I would have done (and continue to do today) when I was an associate. However, Mr. Urqhart is not entirely blameless. If it was crtical tuhat the client receive this document that evening. and given that Mr. Urquhart was in still in the office at 7:30, he should have WALKED to the associates office or CALLED the associate to verify receipt of the email and the instruction to send to the client. That he could not be bothered to do so, suggests to me that he was actually more interested in testing the associate and later making an example of him, rather than providing impeccable client service. Finally, Mr. Uruqhart’s decison to then publicize the error in this manner (an act that no doubt embarassed this poor associate) makes me think he is also a bit of a bully.
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Tim the Enchanter
Oct 21, 2009 9:18 AM CST
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Michael
Oct 21, 2009 10:30 AM CST
This guy pulls the same “The economy is sucko so we have to completely toss aside all progress on making this a reasonable working environment” crap I see in many other places now.
The economy sucks, but the success of tomorrow won’t go to those who just do the old thing even harder. It will go to those who figure out how to break out of this insane system that is in its death throes and move on.
This memo writer is just trying to save his dead horse by bullying yet another associate to drag it down the road for him and pretend it’s going to win the Derby next week. Hopefully the associate figures it out soon.
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bg
Oct 21, 2009 6:09 PM CST
If the partner could send an email telling someone else to email a document, he could have emailed it himself. Yet another reason I am glad my firm does not have crackberries!
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Tim Faith
Oct 23, 2009 3:56 AM CST
Two reactions come to mind. First, this illustrates for me that arbitrary rules about anything waste time and resources, demoralize staff, and in the end, are not effective. Checking your email once an hour? Why not every 38.2 minutes? Why not once a month? A better rule would be to have clear expectations at the onset about who is doing what, when by having a project plan for the engagement. Second, this also illustrates how far behind the technology curve this firm is. If you don’t want to be bothered with actually seeing someone in person in your office to communicate a last minute imperative, have you thought about using a secure instant messaging system that would tell you if the person you are messaging is actually around? It isn’t like that’s such a new or difficult thing to use. But here the technology isn’t the problem - it is the silly expectations of those using it.
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BL1Y
Oct 23, 2009 4:24 AM CST
If you wouldn’t be comfortable calling the associate on his home phone number, then your e-mail doesn’t need to be read right away.
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John
Oct 23, 2009 4:26 AM CST
If it was that important that the draft go out that night, the partner should have communicated that to his associate earlier. Also, when I need something immediately, I PICK UP THE PHONE. Email is great for many things but not all. Expecting an email sent late in the day to be seen before the next day is rather optimistic. The partner dropped the ball and should focus instead on improving his communication skills rather than berating his associates and looking like an oppressive ass. If I wanted to be on call 24 hours a day, I would have become a doctor - not a lawyer.
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Bill
Oct 23, 2009 5:23 AM CST
You’re on notice. If you want a Big Law job, you get the Big Law life, or what passes for a life. The sad part is that as miserable as partners can make associates, the treatment often perpetuates itself in those rare instances that the associate becomes a partner. Have a great time folks!
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Bush One
Oct 23, 2009 5:34 AM CST
Urquhart is a Faquad. Do you think that if the associate had checked the email, and had a question, thus sending a follow-up emaill, that Urquhart would have responded within an hour? Please.
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AuBricker
Oct 23, 2009 5:34 AM CST
That’s why lawyers can’t go to movies. They are too busy checking their e-mail—every hour on the hour.
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Rob P.
Oct 23, 2009 5:50 AM CST
If it was that important that the draft go out that night, the partner should have sent it. It would have been no more effort to send an e-mail to the client than it was to send an e-mail to the associate.
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Sabadog
Oct 23, 2009 5:51 AM CST
If I don’t check my two blackberries at least hourly I go into withdrawal - and I’m not even a lawyer! So what’s the big deal? I actually do check first thing in the morning and last thing at night. I do business with people all around the world. You can’t assume they are only working during Central time hours!
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Bill
Oct 23, 2009 6:04 AM CST
Those who are Firefighters and EMTs have the heart and hypertension laws to protect them which provide lifetime benefits following on the job stress. I wonder if this crackput has considered the affect this has on the person.
I volunteer on an ambulance on the weekends. I can tell you Johnie the client isn’t dying over whatever his life’s grand issue is.
Everyone needs down time to release the stress. I don’t care what the issue is, after working 12 hours, I’m not checking email at home for the firm. This is simply stupidity and a firm who has crossed the boundaries of decency. Perhaps the associates should unionize. This sounds like labor tactics from the 1930’s era. After all, are these guys slaves?
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Barbara D'Amico
Oct 23, 2009 6:12 AM CST
An interesting conflict! Just as time management experts are saying that to stay focused and get the most of your time you should check e-mail less frequently, we are confronted with the very real need to be responsive in all the ways that technology now permits to stay competitive. At least this partner is clear about his expectations. I encourage my “time management challenged” lawyer clients to check e-mail often, even hourly, just to see if there is anything crucial/ time sensitive but to save all the more routine e-mails to read and answer at their low energy times of day. But there is also a burden on the sender: Make the Re line clear (“Urgent” or “Immediate Action Required”) and make sure that you and your colleagues agree on the preferred form of communication.
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Mamalaw
Oct 23, 2009 6:29 AM CST
I don’t know whether to laugh or cry. I know lots of lawyers checking email hourly. It is a completely insane standard to devolve into. I’m not sure whether to laugh at this guy for his insanity or cry at the ABA for deigning to make this a news item that potentially (and I am sure unintentionally) supports a trend toward devoiding lawyers of any sense of a life. Of course, never fear. Soon we will have androids built in India or China to do this for us and we will all be out of jobs - and the headlines will read - “Lawyers fail to check email every hour - Androids take over.”
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Cheryl S.
Oct 23, 2009 6:34 AM CST
Give him back the Blackberry! Indentured servitude has long since been abolished.
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Small FIrm Attorney
Oct 23, 2009 7:03 AM CST
I agree with Bill - Big Law Job, Big Law Money, Big Law Life. The associate is getting paid how much? Is it too much to ask to respond to a partner’s email? I also find it difficult to believe that a young person would not be checking their emails if they have a blackberry UNLESS they were sleeping. So, maybe the associate did check the email, but just ignored it.
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Jill
Oct 23, 2009 7:07 AM CST
If it was so crucial, there’s no reason the partner could not have forwarded the e-mail to the client. This is a power play, plain and simple.
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Thomas
Oct 23, 2009 7:17 AM CST
…and that’s why I left BigLaw. I had my epiphany during a weekly meeting when one senior associate reminded everybody that she was about to go on her honeymoon the next week and she would be out of touch for the week (she had sent around a memo and provided coverage for all of her assignments, etc.). The partner was furious and berated her in front of the group telling her that unless she had her crackberry with her at all times, she wouldn’t have a job when she came back. We all thought he was kidding, but it soon became apparent that he was quite serious when he added “And your hotel better have a working fax machine!”
I’m now a founding partner of a much smaller law firm whose corporate culture recognizes quality of life… largely because all of the partners are shell-shocked from BigLaw abuses. I always explain to clients that unless it’s an emergency, we can’t be reached after 7:30 or on weekends and I remind them that this is how we keep down the billables. To date every client I’ve had this discussion with has thanked me and often adds that a well-balanced attorney is one they would rather have on their jobs.
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Craig
Oct 23, 2009 7:18 AM CST
Um, they have these things called telephones now. The whole point of e-mail is that it is asynchronous. You can write it whenever you want to, and I can read it whenever I want to. I agree with Jill, this is nothing more than a power play. Someone is not a happy camper and is willing to use extraordinary means to let the world know. Shame.
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EJCroft
Oct 23, 2009 7:23 AM CST
As an attorney practicing in a county seat town in Iowa, this story helps me to better appreciate life here where our jackasses are on farms and the practice of law is more enjoyable.
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jes
Oct 23, 2009 7:27 AM CST
Gadzooks this makes me happier than ever that I quit practicing almost 20 years ago. In the IT world, even if you’re on call, you actually get to sleep.
And people wonder why the profession has the reputation that it does.
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Matt
Oct 23, 2009 7:32 AM CST
As a client, I want a focused, efficient, and effective lawyer. Not an overtired, overstretched, burnt out, constantly “on” one. Lawyers who are forced to forego the human need for downtime and restorative rest because less effective, less efficient, and worse.
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Associate
Oct 23, 2009 7:33 AM CST
I don’t see what the big deal is. I don’t think the Parnter needed to include the scenario involving the specific associate, but other than that, the e-mail was fine. He realized that the associates may not be aware of the firm’s expectations, so he communicated the expectations to them. It’s better than not giving any instuctions until after the fact.
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Abner Stanwick
Oct 23, 2009 7:36 AM CST
Who ONLY checks their email hourly? It pops up automatically on my computer screen and phone all day long. I wish I could only check it hourly. Quit your whining planktons.
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misscris
Oct 23, 2009 7:39 AM CST
I think the real foul in this case is that the associate did not check in with the partner before leaving - not that associates should do that all of the time, but when working on a big, high pressure project, I think it’s common courtesy for all members of the team to be checking in with each other before checking out for the night. That being said, the partner should have picked up the telephone and called to associate. For things that need to be done ASAP, email is not the correct mode of communication. There could be server issues, syncing issues with the blackberry, etc. Relying on email as the sole means of communicating an important message is faulty in so many ways.
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Glenn
Oct 23, 2009 7:53 AM CST
Amazingly, Law Practice Management committees and private management counselors suggest looking at email twice daily. Once in the morning, once in the afternoon so that you can keep on task with what you have set out to accomplish during the course of the day. Otherwise, you become a captive audience to whatever email is received and then you run off and address the content of the email and not what you have to accomplish for court cases in the next week.
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Jeff
Oct 23, 2009 8:02 AM CST
B. McLeod @ #5: you jest, but I work with a very senior partner who urges all of us to put our Blackberries on our nightstands and set them to ring whenever a message is received. (I’ve declined this one, proving to myself that I have just a little bit of spine left.)
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government gal
Oct 23, 2009 8:07 AM CST
I might make half or less of what big firm folks do but it is totally worth it not to have to put up with this kind of nonsense.
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Linda
Oct 23, 2009 8:12 AM CST
The Blackberry and e-mail is driving the law profession, not the lawyers. The concept of “business days” has gone by the wayside. Instead of pleadings arriving Monday through Friday, they now arrive regularly on Saturday and Sunday. The lawyer who gave the instructions to check the blackberry every hour except when in a tunnel or asleep, should be reviewed for putting in e-mail (writing) such a ridiculous order. I do not think that the subject law firm will be able to retain good people. One way to deal with the problem with other law firms is that at the outset of a case or negotiation, get an agreement in writing signed by the parties as to when communications can be sent.
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Hadley V. Baxendale
Oct 23, 2009 8:25 AM CST
law students: here’s the deal: take a job at $40,000 a year and work 8 hours a day.
Take one at $80,000 and work 10 hours a weekday plus one half-day on a weekend, night, etc.. Take one at $160,000 and work 20 hours a day. Your choice but those are the terms.
The Biglaw job is really just 2 shifts at the same factory.
And as for maknig partner? It’s been well said that it’s like a pie eating contest where the prize is more pie (
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Matt
Oct 23, 2009 8:35 AM CST
@Jeff (#40) - Learn to sleep through the rings, or set that particular email account to a very soothing, non-startling ring, and you can comport with the partner’s request while still getting a good night of sleep.
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friedtoad
Oct 23, 2009 8:43 AM CST
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Jackcatscal
Oct 23, 2009 8:46 AM CST
This is less about how assiduous associates should be than about a senior partner who’s done an unsatisfactory job of managing a major case. Bill Urquhart basically threw the assignment over the transom and walked away. In Urquhart’s words, “I assumed the task was done….” If the client is that important, and the case that significant (and the associate that junior), you don’t “assume”—you talk in person, you set deadlines, you review drafts. Overall, this leaves you with the feeling that the partner is deflecting his own shorcomings as a manager.
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Steve
Oct 23, 2009 8:53 AM CST
If it was so urgent the high and mighty partner could pick up the phone… or pick up his tukus and walk himself down the hall to the associate’s office to deliver the message via human contact. Or…better yet. Send an e-mail himself. If he’s a dinosaur, he could have his secretary do it. Technology created redundancies, it did not replace good old fashioned forms of human contact or managerial oversight.
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MLB
Oct 23, 2009 9:00 AM CST
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Email_is_so_1995
Oct 23, 2009 9:07 AM CST
This partner doesn’t know it, but he just illustrated one of the biggest reasons for post-email technologies like IM, SMS, micro-blogging, etc. Email is . . . well . . . electronic mail, and letter-writing is horribly inefficient for certain types of communication. Around the house, people doing chores don’t coordinate efforts by writing notes to each other and sticking them up in predetermined places.
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MS
Oct 23, 2009 9:08 AM CST
I think all are missing a very important point. If the associate was no longer in the office, how was he going to fax the letter to the client? Are all associates supposed to have home fax machines as well? That said, who sends faxes anymore???
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