A Complete Guide for Lawyers Texting Clients

Undoubtedly, communicating via text is part of daily life. So if you’re a lawyer who isn’t texting your clients yet, you could be missing out on a powerful way to reach clients and streamline your client communication process. Lawyer texting could make all the difference in a client-lawyer relationship, as it helps you communicate quickly, clearly, and often. When used correctly and under the right circumstances, business texting for lawyers means faster, more effective communication—while also giving clients a better client-centered experience.
 

In the following guide, we’ll cover the pros and cons of lawyer texting. We’ll also outline important ethical, security, and compliance best practices for attorneys to consider before you start texting with clients. Finally, we’ll highlight some of the top tools that can simplify and enhance security for lawyers texting clients.
 

The benefits of lawyers texting clients

 
Before we look at best practices for the when and how of business texting for lawyers, let’s review the reasons why texting could be useful to today’s attorneys. When you text your clients, you:
 

1. Provide your customers with a client-centered experience

 
As Jack Newton’s book, The Client-Centered Law Firm, explains, today’s most successful law firms are client-centered—which means that they prioritize their clients’ experience. When it comes to client experience and communication, texting can give clients what they want. This is because texting is already part of clients’ daily lives, people expect and prefer it.
 
Lawyer texting doesn’t just benefit clients. It can also enhance overall efficiency at your firm by speeding up responses from clients, who are more likely to reply via text.
 
Specifically, recent data by Soprano Design published in PC World noted that the response rate of texting is significantly better for texts. Specifically, 90% of people open a text message within three minutes, while 20% of people won’t open an email.
 

2. Save time and communicate with clients from anywhere

 
Texting is fast, easy, and convenient. The best part—you can do it from virtually anywhere. The ability to send quick communications via text when you’re working remotely improves your efficiency and makes clients feel better served. Texting also requires a lot less effort than sending an email or phone call.
 
This increased efficiency for quick communications can be a boon for your firm, as increased productivity ultimately saves law offices money as well.
 

3. Improve engagement and client satisfaction with clients

 
It’s just reality: People prefer texting to calling. As Soprano Design’s findings in PC World noted, the majority (85%) of smartphone users prefer mobile messages to emails or phone calls. By giving customers what they want (i.e. texts) when you can (for example, sending a client a text reminding them of a meeting), you deliver a more client-focused experience. This makes clients more likely to respond quickly and feel like they’re getting good client service.
 

4. Drive new leads and online reviews

 
Offering the option to text, when appropriate, instantly makes clients more likely to engage with you and respond. This can be key to driving new leads and acquiring new business.
 
Automating lead nurturing texts for potential clients who visit your law firm website, for example, gives people the ability to initiate contact with your firm via their preferred method of communication.
 
Similarly, you can also use texts to send review requests in a method that people are more likely to respond to and take action. Consequently, having more positive online reviews means you are more likely to show up where people are looking to hire a lawyer (online and on Google).
 
Before you start texting your clients
 
Lawyer texting offers clients and lawyers many benefits as mentioned above. But lawyers need to ensure they are abiding by the rules and their ethical responsibilities. Texting is only one of the many methods of communication for attorneys. It may not work in every situation. Consider the following points before you hit send on any texts to clients.
 
Are text messages privileged?
 
Privilege exists when there is an attorney-client relationship. This means potential and current clients should be able to expect communication—through any channel, including text messaging—to remain secure and confidential.
 
With this in mind, it’s also important to be careful about communicating via text with non-clients about legal matters, as attorney-client privilege could also apply.
 
Learn more about privileged information, confidential communication, and attorney-client privilege.
 

Ethics in text messaging

 
Texting clients indeed presents both advantages and potential risks, and lawyers must navigate this form of communication with careful consideration of ethical considerations. Here are some key factors and ethical considerations to bear in mind:
 

Security:

 
Lawyers must prioritize the security of client communications. Using secure messaging platforms or encryption ensures that sensitive information shared through text messages is protected from unauthorized access.
 

Documentation:

 
It's crucial to have a system in place for documenting text communications within the client file. This ensures a comprehensive record of all interactions, aligning with ethical obligations and aiding in legal documentation.
 

Client Needs:

 
Assess whether texting aligns with the client's best interests and communication preferences. Some clients may prefer traditional modes of communication, while others may find texting more convenient. Understanding and respecting these preferences is integral to client satisfaction.
 

Certainty of Receipt:

 
Lawyers should seek confirmation or establish mechanisms to ensure that important text messages have been received by the client. This may involve requesting acknowledgment or employing technology that provides delivery and read receipts.

Lawyer Health and Safety:

 
Lawyers should be mindful of the impact of texting on their personal life and work-life balance. Providing a personal phone number for texting may lead to constant accessibility, potentially affecting the lawyer's well-being. Establishing clear boundaries and considering alternative communication channels can help manage this risk.
 

Obligation to Stay Informed:

 
ABA Rule 1.1 emphasizes a lawyer's responsibility to stay informed about changes in the law and relevant technologies. This includes being aware of the benefits and risks associated with texting and implementing best practices to mitigate potential issues.
Meeting Ethical Obligations:
 
Text messaging can be a valuable tool for lawyers to meet ethical obligations, such as those outlined in ABA Rule 1.4(a). Quick, informative texts can help lawyers keep clients promptly informed about the status of their matters, fostering transparent and effective communication.
 
In navigating the use of text messaging, lawyers must strike a balance between leveraging technology for efficient communication and upholding ethical standards. Being proactive in addressing security, documentation, client preferences, and personal well-being contributes to a responsible and ethical use of texting in the legal profession.
 
Ultimately, it’s your duty as a lawyer to keep client information secure, so be sure to check and abide by the guidelines for communication for your jurisdiction.
 

Understand the types of attorney texting

 
Determining what appropriate lawyer texting looks like involves recognizing the nuances between automated texting and two-way texting. Each has its distinct purposes and considerations:
 
Automated Texting:
 
Purpose: Primarily used for sending simple and routine communications, such as meeting notifications, reminders, or providing directions.
 
Efficiency: Streamlines communication processes, saving time for lawyers and enhancing the client experience by delivering information in a convenient format.
 
 
Client Experience: Conveys information in a straightforward manner, contributing to a positive client experience through efficient and timely notifications.
 
Two-Way Texting:
 

• Purpose: Allows clients to respond and engage in a conversation with lawyers. Offers more flexibility in communication, accommodating questions, clarifications, or additional information. 
• Flexibility: Provides a dynamic platform for interactive communication, enabling clients to share feedback, ask questions, or seek clarification. 
• Considerations: Requires lawyers to maintain a professional tone and language, avoiding overly casual or informal communication. Lawyers should be mindful of ethical considerations and confidentiality.

 
Determining Appropriate Lawyer Texting:
 

• Context: Consider the nature of the communication and whether it is suitable for a text message. Certain matters may necessitate more formal and detailed communication through traditional channels. 
• Client Preferences: Respect client preferences regarding communication methods. Some clients may prefer the efficiency of automated texts, while others may appreciate the interactive nature of two-way texting. 
• Professionalism: Regardless of the texting approach, maintain a professional tone and adhere to ethical standards. Avoid language that may be perceived as too casual or informal. 
• Documentation: Ensure that text communications, especially in a two-way texting scenario, are appropriately documented in the client file for legal and ethical purposes.

 
Ultimately, appropriate lawyer texting involves striking a balance between leveraging the efficiency of automated texts and the interactive nature of two-way texting, all while maintaining a high level of professionalism and adhering to ethical standards. Understanding the nuances of each type of texting and applying them judiciously contributes to effective and ethical communication in the legal profession.
 
For example, text messaging can save time and be an appropriate way to communicate with clients about topics like:
 

• Scheduling or sending reminders about meetings
• Court date notifications and times
• Case status updates
• Payment reminders
• Requests for online reviews
• Discuss with clients

 
 
Effectively managing expectations is crucial when incorporating business texting into lawyer-client communication. Open, clear communication sets the groundwork for successful and ethical use of texting. Here are key considerations:
 
Discussing Texting with Clients:
 

• Topics and Boundaries: Clearly communicate with clients about the appropriateness of texting and establish boundaries. Discuss which topics are suitable for texting and which are not. For example, confirming meeting times may be appropriate, but complex legal issues or personal problems may not be suitable for text communication. 
• Awareness: Ensure clients are aware that texting may be used in specific circumstances, providing transparency about the expectations and boundaries of this mode of communication.

 
Protecting Client Confidentiality:
 

• Guidance: Provide guidance to clients on avoiding inappropriate or sensitive discussions via text to protect their confidentiality and adhere to legal and ethical standards. 
• Education: Educate clients about the potential risks of texting and the importance of maintaining confidentiality in electronic communication.

 
Adding Texting to Representation Agreements:
 

• Written Agreement: Consider adding a clause about texting to your representation agreement. 
• Clearly outline the circumstances under which texting may occur, reinforcing the client's understanding and acceptance of this communication method. 
• Foundation for Communication: By addressing texting in the representation agreement, you set a solid foundation for lawyer-client communication. This proactive approach helps prevent surprises or misunderstandings later in the attorney-client relationship.

 
Charging for Text Communication:
 

• Transparency: Clearly communicate to clients that, like any other form of communication, time spent communicating via text may be billable. Set expectations regarding fees for text communication to avoid misunderstandings and ensure transparency in billing practices. 
• By incorporating these measures, lawyers can navigate business texting in a way that enhances communication while preserving professional boundaries and ethical standards. Managing expectations through open dialogue, education, and written agreements establishes a framework for successful and ethical lawyer-client text communication.

 

Security and compliance

 
It’s your responsibility to protect your clients’ data. Business texting for lawyers—as with any communication channels you use—requires some extra precautions. You need to ensure the data stays secure, client information stays confidential, and you stay compliant.
 
Here are a few tips to consider:
 
Taking steps to enhance the privacy and security of text communications is crucial for lawyers to protect client confidentiality and avoid potential breaches of attorney-client privilege. Here are specific measures to consider:
 
Disable Message Previews:
 

• Lock Screen Settings: Change the settings on your phone to disable message previews from appearing on the lock screen. This prevents others from inadvertently viewing sensitive messages. 
• Client Reminders: Remind clients to also disable message previews to safeguard the confidentiality of their communications with you.

 
Use a Work-Only Phone:
 

• Separate Communications: Consider having a dedicated work-only phone or setting up a work profile on your device. This helps maintain a clear separation between work and personal communications, reducing the risk of unintentional information crossover. 
• Boundaries: Having a distinct work phone reinforces professional boundaries and adds an extra layer of privacy to client communications.

 
Encrypted Text Messaging Service:
 

• Learn About Encryption: Familiarize yourself with the basics of encryption for lawyers, understanding how cryptographic algorithms scramble and unscramble data to enhance security. 
• Use Encrypted Services: Opt for encrypted text messaging services instead of regular SMS messaging. These services apply encryption to text communications, providing an added layer of protection against unauthorized access. 
• Client Education: Educate clients about the benefits of using encrypted text messaging services and encourage them to adopt these secure communication methods.

 
See more
Important Factors for Law Firms When Creating a Modern and Safe Data System
Protecting Employee Privacy and Confidentiality
 
 
Implementing these measures demonstrates a commitment to safeguarding client information and upholding attorney-client privilege. By proactively addressing privacy concerns and utilizing secure communication practices, lawyers can enhance the overall security of text communications in the legal profession.
 
Use a business texting service instead. A secure business texting service such as Signal or Kenect takes the heavy lifting out of keeping your text messages secure. Using tools like encryption, business texting services enhance text security while making the process easier for you.
 

Documentation and data ownership

 
It’s essential to save text messages securely in a client file for later reference. While text messaging may feel more informal, lawyer texts are still considered client communication. So, it’s your responsibility to retain copies just as you would with emails or written correspondence.
 
In addition to your ethical duty to preserve communication for client files, you should also have access to the data. This is in case of investigations or disputes. You can’t rely on your cellular carrier to have copies.
 
Before you text clients, ensure that your firm has defined procedures for text message documentation. This could be a process for screenshots or using a third-party platform to help automatically archive text messages. Note that taking screenshots to document text messages can be time-consuming and leave room for manual error.
 

Text messaging is part of your communications with clients

 
All communications with clients are client communications, so keep their best interests in mind when deciding how to communicate with them.
 
While business texting for lawyers is great for quick communications, it isn’t ideal in every exchange. In certain situations, texting may not be appropriate (even if it’s more convenient). This includes situations like sending documents and sensitive information or discussing a complex issue in a case. Conveying short messages are great for text. But long exchanges are best kept to other mediums. For example, indicating that you’re on your way to a meeting.
 
A client may also text you with a complex question, with information that you need a more formal record of. They may also text you with something you don’t have time to look into at the moment. In situations like these, don’t be afraid to text them back. Mention you will get back to them later in another method and communication channel. For example, if a client texts you that they want to accept a deal, you could respond to a complex question via text. The text could say, “I’ll look into this and get back to you with an answer as soon as possible.” This way, you can still ensure that clients feel heard, but also respect the limitations of lawyer texting.
 

Business messaging tools for lawyer texting

 
Lawyer texting can be an effective way to communicate with clients, but it’s also more complex than texting with your friends or family. Tech tools can help make lawyers texting clients more effective and ethical.
 
Here are three reasons to consider using a third-party platform:
 

• Recordkeeping. Some texting platforms can track your communication history.
• Privacy. Platforms that let you use your office number to text keep your personal number private. This helps protect your privacy and work-life balance.
• Security. Keeping client information secure is essential when business texting, so it’s wise to take advantage of top-notch security provided by certain platforms.

 

Conclusion

 
To provide a great client-centered experience for your clients, you need to put their needs and expectations at the forefront of your practice. This includes how you communicate. Since texting is the preferred method of communication for most people today, look for ways to take advantage of business texting services so that you can be more responsive to your clients.
 
While texting is not suited to complex legal discussions, lawyers texting clients can save time and better serve clients. This is because lawyer texting helps with providing quick communications, setting up logistics for meetings, and requesting online reviews. Carefully consider your responsibilities and having procedures for handling data security and storage (and by using the help of the right business texting services and tools). This way, you can successfully integrate texting into your communication toolkit.