Text messaging has become a mainstream form of communication. Clients now routinely text their lawyers about pending matters. They may ask about the status of a case, provide facts about a case, communicate decisions to a lawyer, or message other sensitive information. These messages are often to a lawyer’s mobile phone that is used extensively for personal purposes, unsecured in their transmissions, and easily accessible by third parties. This new wave of lawyer-client communication raises many difficult ethical questions, including preservation of the attorney-client privilege. This program will provide you with a guide to the major ethics issues when lawyers and their clients text message about pending matters.
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