By Cyara Hotopp, Esq., consultant, Affinity Consulting Group, LLC
EDITOR'S NOTE: This article is from the NJSBA's PracticeHQ archives. PracticeHQ is a free benefit available to all NJSBA members and provides articles, comparison charts, videos and more with the sole purpose of helping you manage your law practice more efficiently and effectively. Find out more about PracticeHQ resources here.
More attorneys than ever are using texting as a primary method of client contact. Texting is one of the easiest, most efficient means of communication and is completely pervasive in our society. It's familiar, it's fast, and it's easy to fall into the habit of regularly texting clients without fully considering both the ramifications and the ways we can take advantage of technology geared towards lawyers and texting.
Do: Weigh the Pros and Cons.
While you may have a gut reaction one way or the other, take your time and make the decision that is best for your clients and your firm. Here are some things to consider:
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Pros
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Cons
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1. Ease of communication
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1. Need for constant availability
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2. Record of communication
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2. Security pitfalls
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3. Potential for automation
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3. Potential for message to be misunderstood
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Don't: Rely on misinformation.
The topic of texting clients is rather divisive among attorneys, with some schools of thought denouncing the practice under any circumstance, and others engaging in it without another thought. Find a middle ground and question sources provided by either side.
Do: Make the decision on a case-by-case basis, even if your general policy leans one way or the other.
Whichever school of thought you belong to, the final decision on texting should be made based on what's best for each client. Perhaps your client works constantly and can only be reached via text during the day. Each case comes with a unique set of circumstances that should be factored into the equation.
Don't: Engage in complex legal discussion via text.
For those of you who are social-media savvy, think of texting in terms of Twitter's old 160-character limit. That is, if you can't say it briefly, consider a phone call instead.
Do: Secure your mobile device.
Take steps to secure your mobile device. Lock your phone with your fingerprint or a password. Consider encrypting your data. Set up a remote wipe. Do as much as possible to ensure the safety of both your client's information and your own.
Don't: Give out your personal cell.
Assuming you want the option to break contact should you move firms, or even quit practicing, there are numerous options available to avoid giving out your personal cell phone number. Apps like SendHub and ZipWhip provide enterprise solutions to texting clients, and as a plus ZipWhip allows you to text from your existing business phone number.
Do: Keep a record in the client file.
Treat texting just like any other form of client communication. Back up your texts with clients, and store copies in your client's file. You never know when you may need them.
Don't: Text without discussing it first with your client.
Review methods of communication as part of your standard intake procedure. Make sure your client understands that you will not text the details the case, and any other boundaries you choose to implement.