Tip of the Month

Tip for October 2011

Avoid sending text messages to clients

The use of text messages for substantive client communications ordinarily should be avoided for anything other than advising a client that you are running late for a meeting or other routine message. Client information should not be shared and substantive communications should not be made via the text messaging capability of your phone.

One reason for this is that a text message will only be found on the phones of the sender and recipient of the text message.  Thus, should a dispute ever occur over the content of a text message or if a message has to be produced because it contains information potentially relevant to a claim or defense, the message can only be recovered from the phone itself. Text messages, however, do not remain indefinitely on our phones which have limited storage capability. Many phones automatically delete messages after a specific number or after a specific date. Recovering a text message from your phone may therefore require a forensic examination of the phone, and an important message may not be recoverable.