Text messages and instant messaging applications such as WhatsApp and WeChat are used by some practitioners to communicate with their clients. While messaging can be a convenient and efficient communication tool, its use gives rise to a number of challenges and risks for law firms including record retention, data security and confidentiality.
Law firms using text messages and messaging apps need to be alert to and manage these risks by implementing clear processes and procedures governing how, when and in what circumstances they are to be used and how messages are to be preserved and retained.