top tip

TLI Top Tip: Texting with Clients? Proceed with Caution

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For most people, including attorneys, texting has revolutionized how they communicate. Texting is regularly described as quick, easy, efficient, concise, fast, instant, convenient, and cost effective. When you consider that lawyers are required to keep their clients reasonably informed about the status of their legal matters and promptly comply with reasonable requests for information, it appears that texting is an obvious solution.   

“Obvious,” however, does not necessarily translate into “good.” Texting with clients can also expose the lawyer to substantial risks if done in manner that is inconsistent with our professional and ethical obligations.  

First, if you use text messaging in your practice, you are required to become and remain proficient and competent with respect to the benefits and risks associated with using that technology.  See, Cmt. 8 to TDRPC 1.01.  While lawyers are not required to be experts, lawyers are required…

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