Text Messaging for Lawyers (Setup, Strategy and Compliance)
Lawyers texting clients can have potential risks such as confidentiality and data security. That’s why lawyers must use secure platforms that provide encryption and comply with industry standards.
Without secure texting, sensitive information could be vulnerable to interception. Lawyers should also obtain client consent and avoid texting highly confidential case details.
But when done right—using a secure, encrypted platform integrated with a practice management system—text messaging can improve communication and minimize missed appointments.
Clients appreciate the convenience of texting, and lawyers can easily manage routine tasks.
In this article, we’ll cover the risks of unsecured texting, tips for obtaining client consent, and the best platforms for secure, confidential communication.
Can Lawyers Legally Communicate with Clients via Text?
Lawyers are generally allowed to text their clients but must ensure they adhere to certain ethical and legal standards.
According to the American Bar Association’s (ABA) Model Rules of Professional Conduct, lawyers must stay informed about new technologies and the potential risks they carry.
The ABA’s Model Rule 1.1 on professional competence states that a lawyer must “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.”
In other words, lawyers need to know how modern communication tools, like text messaging, can impact their practice. They are expected to use these tools responsibly to protect client information and comply with legal standards.
Lawyers should rely on text messaging platforms with encryption and legal compliance features to mitigate risks. Standard SMS messaging lacks sufficient security, which is unsuitable for sensitive communications.
Platforms such as Textellent provide a secure alternative that allows lawyers to text clients while maintaining confidentiality and legal compliance.
How Do Lawyers Use Text Messaging in Their Practice?
Lawyers use text messaging in various ways to stay connected with clients and send important reminders.
Below are some of the primary ways lawyers use text messaging in their day-to-day operations:
Client Communication
Texting allows lawyers to send quick updates, answer simple legal questions, and request additional information without lengthy phone calls or back-and-forth emails.
Clients often appreciate this approach, as it allows them to stay informed without being overwhelmed by unnecessary communication.
Appointment Reminders and Scheduling
Missed appointments can cause delays and add costs, so timely text reminders are an effective way to ensure clients don’t forget important meetings or court dates.
Some lawyers also use text messaging platforms to send links, allowing clients to schedule appointments and receive automated reminders to ensure that clients are consistently notified of upcoming events. Texting reminders can be integrated with practice management software as well.
Also, rescheduling appointments becomes easier when both parties can quickly coordinate via text.
Document Sharing and Approval
While lawyers must be careful not to send sensitive information via unsecured channels, many business text messaging platforms allow for secure document sharing.
This can speed up processes such as sending initial consultation forms for prospective clients or getting client approval on drafts.
Payment Reminders and Updates
Notifying clients of upcoming payments or outstanding balances simplifies billing and ensures payments are made on time.
Clients are also more likely to respond to a quick text message rather than a formal email, especially if a link to an online payment portal is included for convenience.
Why is Text Messaging Important for Lawyers?
Most people read and respond to text messages almost immediately. This makes texting perfect for time-sensitive updates, like reminding clients of an upcoming court date, a meeting, or an important deadline.
A nonintrusive form of communication also allows clients to stay informed without feeling overwhelmed.
Clients who may not always be available for a phone call or in-person meeting can easily receive and respond to text messages at a time that works for them.
Clients also appreciate being able to reach their lawyer quickly without having to go through layers of communication barriers.
Simple questions or updates can be addressed immediately through text, which builds trust and keeps the client in the loop. Clients may be anxious to get updates, so rather than returning a phone call and getting into lengthy conversations, lawyers can simply send a quick text to let them know the issue is still in progress.
According to a Pew Research Center study, 97% of Americans own a cellphone, and an impressive nine in ten own one. This marks a rise from just 35% in 2011, which showcases how integral smartphones have become in daily life.
Legal Compliance for Text Messaging in Law Firms
While text messaging offers convenience and efficiency for lawyers, it also presents legal and ethical challenges.
Lawyers must ensure their text messaging practices comply with confidentiality laws, ethical guidelines, and privacy standards. Failing to do so could lead to breaches of client trust and legal repercussions.
Lawyers must maintain client confidentiality and adhere to professional ethical guidelines. Here are some key considerations:
- Client confidentiality: Lawyers must ensure that all client communications, including text messages, are protected. Texting sensitive information without proper security measures could violate confidentiality rules.
- Consent requirements: Lawyers should obtain explicit consent before initiating text communications with a client. This can be handled when the initial paperwork is signed with a client and ensures the client understands how and when text messages will be used.
- Attorney-client privilege: Like other forms of communication, text messages are subject to attorney-client privilege. Lawyers must be cautious not to share privileged information in texts that could be exposed.
How Can Lawyers Ensure Text Messaging is Secure and Compliant?
While convenient, text messaging can expose law firms to risks if not properly managed.
However, lawyers can protect client information and meet compliance requirements with the right approach and tools.
Use Secure, Encrypted Platforms
One of the most important steps in maintaining secure text messaging for lawyers is to use a platform that offers strong encryption.
Standard SMS does not provide sufficient security, which makes it vulnerable to interception. Strong encryption ensures that only the sender and recipient can read the messages, protecting client information from unauthorized access.
When it comes to secure, professional texting platforms, Textellent stands out as the best texting service for lawyers.
Textellent ensures that lawyers can manage client communications while protecting confidentiality. It automates personalized “touchpoints” that keep clients informed and engaged.
Obtain Client Consent
Before initiating any text communication, obtaining explicit consent from clients is essential.
This protects the law firm legally and ensures that potential clients understand how their information will be used and the potential risks involved. The consent process should include:
- Informing clients about the types of information that will be shared via text
- Explaining the security measures in place (such as encryption) to protect their data
- Providing an option for clients to opt-in or opt-out of text communication
Limit the Information Shared via Text
Even with secure platforms, lawyers should avoid sending highly sensitive information through text messaging.
This includes details about legal strategies, financial information, or confidential documents. Text messages should be reserved for simpler communications, such as:
- Appointment scheduling and reminders
- Information gathering, such as text with links to in-take forms
- Brief case updates
- Non-confidential clarifications
- Requesting Reviews
Implement Data Retention and Archiving Policies
Text message documentation, like emails or physical records, is considered legal in many jurisdictions. As such, it must be properly stored and archived to comply with legal and regulatory requirements.
Lawyers should establish clear data retention policies to ensure that all text communications are securely archived and can be retrieved when needed.
What Are the Risks of Using Standard Text Messaging Services?
Using regular text messaging services (like basic SMS) for legal communications can expose law firms to several risks, including:
- Standard text messages are not encrypted, making them vulnerable to interception by hackers or unauthorized parties.
- Many basic SMS services lack the tools to protect sensitive client information, increasing the risk of a breach.
- Without proper record-keeping systems, producing a reliable audit trail of communication may be difficult, which could be problematic if disputes arise.
In fact, according to a 2023 report from American Bar Report, 29% of law firms reported data breaches related to poor communication practices. Switching to secure messaging platforms designed for law firms can reduce these risks.
How Textellent Keeps Your Legal Text Messaging Secure
Textellent is a comprehensive tool that simplifies communication between professionals and their clients, including law firms.
With a focus on automation and security, Textellent allows you to provide efficient, personalized service without compromising confidentiality.
Here’s how Textellent can help you manage clients with secure legal text messaging:
Keep Clients Coming Back
The best way to grow your client base is by keeping your current clients satisfied. Textellent uses client data to automatically send personalized messages based on their needs.
For example, it can remind clients about upcoming deadlines or case updates at the right time—without the need for multiple calls or emails.
Simple things like sending out a legal newsletter or thanking clients for their business at year-end with a nice holiday message via text can have an impact on loyalty and even referrals.
Save Time with Automated Messages
Textellent protects your most valuable asset: your time. This business texting service allows you to automate communication points like appointment reminders, follow-ups on missing paperwork, or reminders about important deadlines.
Texting allows lawyers to preserve their billable hours by sending texts vs. getting into lengthy, unplanned calls with clients.
Textellent makes it easy to send scheduled messages to ensure prospective clients stay on top of their cases without needing you to follow up personally.
Clients can even respond by texting images or documents directly through the platform. The convenience and speed of text messaging demonstrate to clients that you respect their time.
Cut Down on Routine Client Inquiries
Every law firm faces routine client questions, such as “What’s the status of my case?” or “Has this document been filed yet?”
With Textellent, you can eliminate the time spent answering these repetitive questions. The platform allows you to automatically notify clients when significant milestones occur, such as filing a document or scheduling a court date.
Automating these routine updates can reduce the time spent fielding calls and emails. Clients also appreciate being kept in the loop without having to contact themselves.
Set Automatic Responses for After-Hours or Busy Periods
When your office is closed or if you’re simply too busy to respond immediately, you can set automatic responses to incoming client texts.
These automated messages let clients know when to expect a response, avoiding frustration from delayed communication.
Easy Self-Booking for Clients
If you choose to use Textellent’s scheduling option, it lets clients book their own appointments and automatically receive confirmations and reminders. Up to 80% of clients use this text messaging feature to eliminate back-and-forth communication.
The calendar syncs with your and your staff’s schedules, showing only available times. If you have multiple staff members, clients can choose who they want to meet with and see that person’s availability.
If a third-party scheduling system is used, Textellent can easily integrate it with that system and provide the same functionality.
Once an appointment is booked, clients get an instant text and email confirmation. Plus, personalized automated reminders, like documents or forms, are sent before the meeting, letting clients know what to bring. These reminders come directly from your phone number rather than a short code or a number that may be unfamiliar to your clients.
Automatic Rescheduling for Missed Appointments
Missed appointments can disrupt your day, but with Textellent, you don’t need to worry.
If a client misses their appointment, they automatically receive a text prompting them to reschedule. This keeps your calendar full without you having to chase clients.
Obtain Reviews from Clients
While word of mouth is a great way to grow a law practice, today’s consumers will almost always look at reviews as well, so asking satisfied clients to leave a review on popular review sites is a must.
Doing so via text is much easier than asking in person or much more effective than asking via email. Remember to always leave a response to a review, as that approach will also help a law firm’s SEO rankings.
Maintain Client Confidentiality with Textellent’s Secure Texting Solutions
Managing client communication can be a challenge for busy law firms.
Textellent is built to help lawyers stay connected with clients through secure, automated texting. Whether you need to send appointment reminders, update clients on case progress, or request missing documents, Textellent makes it effortless.
With this secure texting platform, you can ensure your clients stay informed—all while safeguarding sensitive information with secure, professional messaging.
See how Textellent can make texting easier and more effective for your law firm. Sign up for a free trial or schedule a demo consultation today!
FAQs About Text Messaging for Lawyers
What happens if a client doesn’t want to communicate via text?
If a client prefers not to use text messaging, respecting their wishes is important. Always offer alternative communication options like email, phone calls, or secure client portals. Be sure to check for consent before texting and allow clients to opt-out anytime.
How does text messaging improve client retention?
You can use automated and personalized text messages to stay engaged with your clients even after their cases have ended. Regular check-ins, holiday greetings, or reminders for upcoming legal needs can help build long-term relationships and improve client retention.
Can I set up text messaging workflows for different case stages?
Yes, with Textellent, you can create automated workflows that trigger specific messages based on the case’s different stages.
For example, you could set up reminders for court dates, follow-up messages after meetings, or automated texts when a document has been filed. This keeps clients informed without you having to manage every communication manually.