Login | September 13, 2025
Avoid security and other risks when texting with clients
SHERRY KARABIN
Legal Tech News
Published: September 12, 2025
Providing timely responses to client inquiries is a must in today’s always-on digital world.
But with more and more people expressing a desire to communicate with their attorneys via text, lawyers need to walk a delicate tightrope that keeps clients happy and confidential communications secure.
As Above the Law Senior Editor Joe Patrice warns in a Sept. 5 post on the site (https://abovethelaw.com/2025/09/lawyers-need-a-panel-to-explain-texting-because-were-still-one-notification-away-from-an-ethics-apocalypse/), “texting while lawyering is almost as problematic as texting while driving.”
In a story entitled, “Lawyers Need A Panel To Explain Texting Because We’re Still One Notification Away From An Ethics Apocalypse,” Patrice reports on some of the dangers associated with text communications, a topic that was addressed during the recent 8am Kaleidoscope legal tech conference in Austin, Texas.
During the conference, he says Mark Palmer, chief counsel of the Illinois Supreme Court Commission on Professionalism, explained that 59% of clients prefer to communicate with their attorneys by text not only for scheduling but also for substantive issues that pose security and recordkeeping risks.
Patrice, co-host of Thinking Like A Lawyer, says while attorneys don’t need to steer clear of texting altogether, they should encourage clients to schedule calls and in-person meetings, or at least use email, for confidential issues.
He says until every firm runs through “a clunky portal like your HMO” there are a few proactive measures attorneys can take to reduce risks when texting, including turning off notifications and killing message previews.
“Disable those laptop echoes that mirror your client’s latest text onto multiple devices,” he advises, “And tell your client to do the same.”
“Conduct your law practice as if you’re hiding an affair better than the Coldplay couple,” he writes, referring to Astronomer Inc. CEO Andy Byron and Chief People Officer Kristin Cabot’s infamous embrace during a July 2025 concert in Massachusetts that was caught on the stadium’s “kiss cam.”
The solicitous nature of that scandal aside, he says when it comes to confidential information the stakes are high, especially in family law, noting an issue raised by an attendee over the potential of jeopardizing a client’s safety.
In cases where younger clients may not understand the importance of utilizing secure channels for substantive matters, he says lawyers should consider adding a “communication policy” to the engagement letter.
While more clients may demand their attorneys communicate via text, Patrice says they need to do so responsibly.
So feel free to send scheduling reminders, he says, but discourage clients from including any privileged information in your DMs.