VOICE · LEGAL

Legal: client texting prepared the right way

Consent first

policies, forms and scripts put in order before the first message is sent

Challenge

A law firm wanted to text with its clients from its case-management system. The software vendor could switch the feature on.

What nobody had told the firm was that texting in the United States requires carrier registration, and that the application would be judged on the firm's website, its policies and how it collects consent.

Approach

We explained what registration requires and set out the work as a plan the partners could review with counsel.

  • Explain the registration process and who decides the outcome.
  • List the wording needed in the privacy policy and in a separate terms page.
  • Specify an unticked consent box for every form that collects a phone number.
  • Bring the firm's chat and intake vendors into the same consent process.
  • Draft a script for staff to read when a number is taken by phone.

Result

The firm knows exactly what has to be in place before it sends a text, and who is responsible for each part.

  • Requirements explained in plain terms.
  • Legal wording put in front of counsel early.
  • Vendors working to one consent standard.

Our advice

Ask about registration before you buy a texting feature. The website and policy changes take longer than switching it on.

Related service: Digital phone systems.

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