
When
I
started
my
first
job
in
the
legal
industry,
I
was
extremely
excited
to
order
business
cards.
Even
though
I
worked
at
a
Biglaw
shop,
attorneys
were
given
some
leeway
with
the
information
they
wished
to
include
on
the
business
cards. I
remember
including
my
cellphone
number,
which
my
colleague
criticized,
since
she
thought
this
would
make
it
more
difficult
to
maintain
a
work-life
balance. Although
my
colleague
had
a
point,
in
this
day
and
age,
it
is
often
unavoidable
to
give
cellphone
numbers
to
clients
and
counsel. However,
in
a
variety
of
circumstances,
lawyers
should
avoid
texting
clients
and
counsel
since
this
can
have
an
impact
on
the
quality
of
a
representation.
Texting
clients
and
counsel
about
small
things
is
often
unavoidable
and
harmless.
For
instance,
I
routinely
text
clients
about
meeting
up
at
a
courthouse
or
at
other
places,
and
sometimes
lawyers
leave
their
phone
numbers
in
courthouses
so
that
counsel
can
text
them
when
a
matter
is
ready
to
proceed. For
more
substantive
matters,
I
rarely
text
clients
and
counsel,
since
I
do
not
want
to
be
constrained
by
space
limitations,
and
I
do
not
want
to
breach
someone’s
personal
space.
However,
clients
and
counsel
sometimes
text
me
about
more
substantive
matters,
and
in
many
instances
this
is
fine. If
a
message
does
not
need
much
space
to
be
conveyed,
and
the
text
occurs
during
business
hours,
there
is
not
much
of
a
difference
between
text
messaging
and
emailing. However,
in
my
experience,
texting
can
often
lead
to
a
slippery
slope
where
most
communications
are
conducted
via
text
and
at
inappropriate
times.
I
once
had
a
client
who
preferred
to
text
rather
than
speaking
on
the
phone
or
emailing. I
wanted
to
facilitate
this
client’s
preferences,
and
I
responded
to
all
of
the
text
messages
she
sent. However,
she
began
texting
me
at
inappropriate
times.
I
distinctly
remember
being
at
a
bar
on
a
Saturday
night
and
seeing
a
text
message
from
this
client
light
up
my
phone!
I
definitely
felt
like
it
was
a
breach
of
my
personal
space
to
be
texting
me
on
a
Saturday
night,
and
if
this
person
had
emailed
me,
I
would
have
an
easier
time
separating
my
work
life
from
my
personal
life.
I
have
had
a
few
adversaries
over
the
years
who
also
prefer
text
messaging
over
email. I
have
no
idea
why
a
lawyer
would
want
to
do
this,
but
perhaps
the
attorney
thinks
that
text
messaging
builds
more
rapport
among
counsel
than
conducting
business
through
email. Of
course,
if
the
text
was
about
something
small
and
it
was
during
business
hours,
I
did
not
mind
receiving
a
text
from
an
adversary,
especially
about
time-sensitive
things
I
needed
to
address
immediately.
However,
some
adversaries
have
mixed
texting
about
personal
things
with
work-related
matters,
which
I
do
not
appreciate
in
some
circumstances. Moreover,
some
of
the
text
messages
from
adversaries
would
come
outside
of
working
hours. I
completely
understand
that
some
attorneys
finish
work
at
odd
hours,
and
adversaries
might
be
getting
around
to
tasks
outside
of
the
workday. However,
again,
if
the
adversary
had
emailed
me
instead
of
texting,
I
would
have
a
better
ability
to
filter
out
work
matters
from
my
personal
space.
All
told,
emailing
and
phone
calls
are
a
much
more
preferrable
way
to
communicate
with
counsel
and
clients
since
they
allow
for
longer
discussions
and
are
typically
conducted
within
business
hours.
Once
lawyers
start
texting,
this
can
be
a
slippery
slope
that
can
lead
to
too
much
communication
by
text
and
exchanges
outside
of
business
hours. Accordingly,
lawyers
should
not
text
counsel
and
clients
about
substantive
matters
if
this
can
be
avoided.
Jordan
Rothman
is
a
partner
of The
Rothman
Law
Firm,
a
full-service
New
York
and
New
Jersey
law
firm.
He
is
also
the
founder
of Student
Debt
Diaries,
a
website
discussing
how
he
paid
off
his
student
loans.
You
can
reach
Jordan
through
email
at jordan@rothman.law.
