To Text Or Not To Text...

Instant connectivity is no longer a new or remarkable benefit. Whether researching a topic, looking for that new track by your favorite artist, or communicating with others, it's all available at the click of a few keys. The option to text people for that truly instant communication is now commonplace. So much so that many other electronic forms of communication feel tired and lengthy. And certainly, there are many benefits to that instant communication. However, when it comes to the law, well, things are a bit more complicated. Consider these issues before texting with clients or communicating legal updates.

Confidentiality

Certainly, when you send a text, the presumption is that it is sent solely to that particular individual. The expectation is they read the information and it stops there. However, we all know that's not always the case.

Depending on the users settings on their phone, the entire message may show up on their screen for anyone to see. So if they leave their phone on their desk, as an example, and the full text is shown, anyone in the room can read that information if they look. Now, we can debate whether people should look at other people's phones or not but it happens. Often by mistake. We are quite pavlovian at this point... that 'ding' and we all look up!

Or someone with access to the phone may inadvertently see it. My husband is notorious for leaving his phone in various places around the house. If anyone else in the house hears it ring or hears that ding, we grab it and deliver it to him. Yeah, we are nice like that. Anyway, none of us are focused on looking at the information, but it happens. 

The point here is even if the intention is to send the message solely to that one person, things happen. And that isn't great. Confidentiality, particularly when it comes to information about the legal matter, is of the utmost importance. Unless verified by the user that their settings are in compliance to maintain confidentiality, it's not a great idea to text. 

Communications Tracking

If you are using your personal phone to communicate with clients, well, that's great. It keeps you connected with them and them with you. But if an attorney decides to leave a firm and they are using their personal phone, all those communications go with them. Now, chances are the information that was sent via text wasn't a big update or particularly deep in terms of cases, but, you don't know. And that's the point.

These individual communications are generally not documents in the case documents. There is no retention of the information shared. So, at best, you can transcribe the information sent/received via text to the case files. But seriously, talk about tedious and a less-than-optimal use of time. 

Even if the phone is owned by the firm and left behind if an attorney should make a move, it's still a whole in the communication funnel. 

Content

Certainly, limits can be placed on the type of content that is 'allowable' via text. Running late? That text is greatly appreciated, whether the client or the attorney. Wondering how the deposition went? Well, that's probably not great content to share via text.

The trick here is setting a clear boundary for the type of information that is shared via text. The trickier part is complying with those requirements. Because, let's face it, it's not always black and white. And what one person sees as appropriate, another may see is inappropriate. And monitoring that flow? Well, we go full circle to the confidentiality issue.

Meet The Client Where They Are

One of the best things I learned in grad school is to meet the target audience where they are. Gone are the days of just putting some information out there and people just taking that in. There are so many platforms to communicate with people. And each person has their preferred method of communication. For some, that's text. So, you want to provide great customer service. Meet the client where they are. How do you balance the client preference and the above concerns? That's a discussion to have with the client and come to some agreement. 

Role of Technology

Yes, of course, technology has risen to the occasion. Using a secure client portal goes a long way to address all of the above issue. Some platforms, like SimpleLaw, not only allow the secure access of all information - from documents, to client intake forms, to time tracking and invoicing and more - but also offers a 'text-like' feature. Through the platform, established relationships 'text'. So whether it's attorneys and clients or members of a law firm, messages are securely sent and stored until the user logs in. Is it instant, like a text via phone? No. But emails or texts can be set to alert the person that they have a message waiting. Yes, we know. The user then needs to login. But  it keeps everything secure. And that's the goal. 

We are all about technology. We are excited to roll out some new features in the very short-term (STAY TUNED)! But we are equally concerned about data security. And that includes texts. There are options out there that capture the text and store it within the platform. That helps. But confidentiality and content remain an issue. Some things just need to be behind a secure login.

 What about your law firm? Are you using text to connect with clients? What opportunities do you see? Let us know!