You see them everywhere: heads bowed, thumbs flying, oblivious to the things they’re about to walk into. They’re people texting friends and family on their cell phones, the communication method du jour, favored by the under-30 set (although the rest of us are not immune).

Over the last 30 years, we’ve gone from the formality of letters sent by post, to the immediacy of faxes, to the instancy of e-mail. Each new form of communication has been both a blessing and a curse to busy lawyers. Which makes me wonder whether texting would be a good way of communicating with clients.

Ethics authorities generally approve of electronic communications by lawyers. Although lawyers should take reasonable precautions to protect the confidentiality of their communications, they are not expected to make calls only from land lines or to encrypt e-mails.

On the other hand, few lawyers would leave a voicemail message for a client containing confidential information, especially if the lawyer had reason to believe that someone besides the client could get access to the voicemail.

Similarly, lawyers who communicate with clients through e-mail while the client is at work should probably advise their clients that the employer may have the ability and the right to review their employees’ e-mail accounts, which could result in a client’s loss of confidentiality and attorney-client privilege.

Texting through a cell phone shares some of the characteristics of other types of modern communications. Like voicemail, it is useful for leaving brief messages, confirming meeting appointments or cancellations, or letting someone know that you’re unavailable for a while. Like e-mail, it allows the parties to keep track of the thread of their conversation, preventing some misunderstandings and memorializing what was said and when.

But as a form of communication between lawyers and clients, texting leaves a lot to be desired.

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