texting

Texting In once again serving as the issue editor for the Ethics-themed December 2024 edition of the American Bar Association’s Law Practice Today webzine, I contributed an article addressing recent changes to the Rules of Professional Conduct in Pennsylvania, and related ethics opinions, addressing texting in two different ways—ways where texting can be improper solicitation, and a whole different definition of “solicitation”—as it relates to sexting. In the article headline I submitted, “For PA Lawyers, Remember Sexting is Sex; Texting can be Improper Solicitation,” I may or may not have made it more salacious to increase readership and interest (i.e. click bait). But our copy editors did edit my title to the official “Can Texting Be Improper Solicitation?”

Many thanks to the authors contributing excellent articles to the Ethics issue. Michele Carney wrote on Formal Opinion 512 and The Reasonableness of Fees When Using AI. Dave Ries once again tackled a cybersecurity ethics issue with Ethically Avoiding Fraud and Scams. Law Practice Division chair-elect Dan Siegel authored Generative AI Competence. And Charity Anastasio wrote on Lesser Known but Wildly Helpful Ethics Rules. All of us—myself, Dave, Dan, Michele and Charity—are active members of the ABA LP Ethics & Professionalism Committee.

If you are blocked from reading the article behind the ABA paywall, it is provided below in its entirety.

Earlier this month, the Ohio Supreme Court’s ethics board ruled on the issue of lawyers soliciting clients by text message. Before you get all excited about sending out that next text to a prospective client, you’d better familiarize with the part of the opinion that mentions…so long as the advertising rules of the state are followed.

I’ve long discussed the ethics issues involved in a lawyer using text messaging as a communications tool with clients and prospective clients. There are plenty of lawyer ads and billboards that invite you to text. The area I had never put a lot of thought into was the proactive text–from the lawyer to the potential client offering up legal services. Even someone like me that is engaged in developing marketing strategies for law firms every day had not really embraced the initial touch of a text as a method of advertising communication.

Just as lawyers cull various public records to send direct mail to prospective clients–for criminal defense, tax issues, bankruptcy, personal injury–many are now taking a no-mail-barred approach and going right to the cellphone. It is quicker and cheaper, and likely as effective as the “cold call” letter. In many marketing efforts, we are quickly finding out that the mobile device is the most effective means of communication–through mobile sites, apps, tablets, etc. Why wait for snail mail when you can reach a person right now, wherever they may be? The cell phone is often available right on those accident reports and other potential sources of new business.

Articles Tagged with texting

ABA Law Practice Today — For PA Lawyers, Remember Sexting is Sex; Texting can be Improper Solicitation

Texting for Clients – Ohio rules in with a “yes, but…”