Court date text reminders and legal ethics.

Reminders support a lawyer's duty to communicate

ABA Model Rule 1.4 requires lawyers to keep clients reasonably informed about the status of their matter. Making sure a client knows when and where to appear is part of that, and a short text is the way many clients prefer to get time-sensitive information.

Keep confidential information out of the text

Model Rule 1.6 protects information relating to the representation, and Rule 1.6(c) asks lawyers to make reasonable efforts to prevent its unauthorized disclosure. Text messages can be read by anyone holding the phone and may appear on a lock screen. A safe reminder includes only:

• the date and time,
• the courthouse, address, and department or courtroom, and
• who it is from and how to confirm.

Leave out charges, case numbers, facts, advice, and internal notes. In California, Business and Professions Code section 6068(e) and Rule of Professional Conduct 1.6 impose the same duty of confidentiality.

Use reasonable security

ABA Formal Opinion 477R (2017) says lawyers may use electronic communication when they make reasonable efforts to protect client information, and should consider the sensitivity of the information. Court date reminders that omit case details are low-sensitivity, but the list of clients and phone numbers behind them is not: use a service that protects that data and limits who can see it.

Get consent, in writing

• From the client: consent to receive reminder texts at the number they give you.
• For family members and cosigners: the client's permission to share the court date with them, and each person's own consent to receive texts.
• Federal rules: automated texts fall under the Telephone Consumer Protection Act and wireless carrier rules. Written consent at intake, and honoring STOP immediately, is the safe practice.

Our free SMS consent language can be added to an intake form or engagement letter.

Set expectations

Tell clients that reminders are a courtesy, not legal notice, and that they should call the office with questions instead of replying with case details by text. The NC State Bar's practice management center has practical guidance on text messaging with clients, including confidentiality, records, and boundaries.

A quick checklist

• Written consent from each person who gets reminders
• Client permission before reminding family or cosigners
• Date, time, and place only; nothing about the case
• STOP honored automatically
• Client data stored securely, with limited access

Questions

This guide is general information, not legal advice. Rules differ by state and court; check the rules that apply to your practice.