SMS SOS: Navigating texting clients

Jeffrey R. Schoenberger is a senior consultant at Affinity Consulting Group.

For many clients, their cell phone is usually their only phone line, often their primary source of internet connectivity, and unsurprisingly, the center of their communication universe. 

Texting clients is divisive among lawyers, with some denouncing the practice under any circumstance and others doing so routinely. It’s easy to fall into the habit of regularly texting for work matters without fully considering the ramifications and the ways we, as lawyers, can take advantage of technology that could help us even better serve our clients and communities. 

Weigh the pros and cons 

While you may have a gut reaction one way or the other, when it comes to texting with clients, take time and review your options before making the best decision for your firm. Find a middle ground and question sources provided by absolutists on either side. Here are some benefits and risks to consider:

Decide on a case-by-case basis 

Every legal case comes with unique circumstances, so decide whether to text based on what’s best for each client. For example, perhaps your client works constantly, and you can reach them only via text during the day. If your client is younger and accustomed to communicating through messages, a text may be more efficient and more likely to garner a response. While unthinkable in a law firm, I’ve had clients who rarely checked personal email accounts or did so only when I told them I was sending something. 

Texting also occurs on our most personal, portable, lockable, and concealable computing device. In some practice areas, such as family law, that could benefit your client. It facilitates client communication while minimizing the risk of interception or viewing by an adverse party. 

Remember to review methods of communication as part of your standard intake procedure, and make sure your client understands any boundaries you choose to implement. 

Consider technology options 

Many lawyers, including myself, are uncomfortable with texting via a personal number. Apps like Corvum, Grasshopper, SendHub, SMS for Legal, and Text Request provide enterprise solutions for texting clients. Several case management programs also offer forms of text message integration via smartphone apps, giving the client a single texting number while, on the law firm side, operating like a shared email inbox that any firm staffer can triage. 

Remember to back up your texts with clients, and store copies in your client’s file. If you’re in the market for a practice management program, several, such as Clio, integrate with text message vendors or offer text-message-like experiences in their apps. And, if you are using a personal cell phone, programs like iMazing can backup client texts for long-term storage in the file. 

Secure your mobile device 

Ensure the safety of both your client’s information and your own by locking your phone with your fingerprint; enabling FaceID; or setting a complex password, passcode, or pattern lock. Set up device location and remote wipe via Apple or Google’s “Find My” service. 

Avoid engaging in complex legal discussion via text 

Short messages on complex subjects can lead to miscommunication and misinterpretation. If you can’t say it briefly, consider a phone call or web meeting instead.