St. Denis & Davey, P.A.

Legal Malpractice Issues

Attorneys should be careful when communicating by text

| Jan 16, 2020 | Legal Malpractice Law |

It isn’t uncommon for Florida attorneys to communicate with their clients by text message. However, it is important to ensure that there are protocols in place when doing so. This may help to protect the attorney-client privilege as well as ensure that a client is properly billed for the attorney’s time.

Ideally, an attorney will use text message archiving software to ensure that communications are never lost. It may also be prudent to take pictures of text messages and send them to a central server. Attorneys are advised to use proper spelling and grammar when communicating by text. Doing so may prevent a client from claiming that the lawyer was less than professional.

Any device that is used to communicate with clients should use an encryption tool. This can make it difficult or impossible for others to read messages in the event that a lost phone is recovered by an unscrupulous party. Ideally, an attorney will acknowledge a text message in a timely manner. Failure to do so could cause a client to believe that a question or concern is being ignored.

Attorneys who do not act in the best interests of their clients may be acting in a negligent manner. Examples of attorney negligence may include failure to communicate with a client in a timely manner or by revealing text or other messages sent by a client to an attorney. Those who believe that their attorney’s actions caused them harm may wish to take legal action to seek compensation for their losses.