![]() The Committee notes attorneys may have clients for whom text messaging is the preferred mode of communication. See e.g., (finding text messages sent by public officials about governmental business to be a public record). The second issue is whether text messages are public records for right to know purposes. Conduct 238 (2013) (concluding that lawyers may solicit professional employment by text messaging, but placing conditions on use of this technology). First, several committees have issued opinions on whether it is considered solicitation to send advertisements by text message. The NH Bar Association Ethics Committee is aware of no case or ethics opinion finding the use of text messages to communicate with clients to be per se prohibited by the rules of professional conduct.Įthics committees in other jurisdictions that have examined the use of text messaging in law practice have done so primarily in two contexts. I am wondering if this presents any ethical concerns. I understand that the younger clients, as well as my associates, prefer this informal and prompt mode of communication. I have recently noticed that they use text messaging for much of their communication with these clients. ![]() They have expanded my practice by attracting a number of younger entrepreneurs. ![]() Several years ago I brought on two young associates, one a lateral and one right out of law school. New Hampshire Bar News – December 16, 2015ĭear Ethics Committee: I have been practicing business law for many years. ![]()
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