Of Counsel Andy Lee was quoted in a Law.com article, “Dont txt me Im yr GC!!!,” about the perils of communicating with clients or colleagues via text message.
Lee, former general counsel of the New York Jets, said when in-house counsel communicate within their own organizations or to outside counsel, they have to consider who else could see the message. When added to a group message, an attorney may not know everyone who is on the text, which raises the issue of privilege. Who is keeping the texts is another issue, he said. Do they need to be preserved in case of litigation?
“The people you’re communicating with may be using a personal cell phone. Who owns those communications? That could be important if you end up in a lawsuit,” he said.