So in other words they can be traceable but the lawyer has his hands tied cant do nothing without a subpena correct?.
No, not necessarily correct.
There is nothing stopping a lawyer asking an ISP (or an email provider) to produce emails.
An ISP (or email provider) is free to comply with a request of this kind.
But they are equally free, without more, to decline.
And so, yes, it can take a court order (usually but not always a subpoena) to get them to provide them.
By comparison, it is easier, faster, and cheaper, to forensically examine computer hardware.
That is, the actual machine(s) from which the email might have been sent.
And easier still to make an order requiring a respondent to provide of access to, say, a Gmail or Hotmail account.
How likely any of this is to happen depends on the facts and circumstances.
What's the back story to your question?