Why Lawyers Must Archive Client Texts (and How to Do It Securely)

Text messaging is now a staple of modern communication. But are attorneys treating it with the same care as emails or formal letters?

A significant number of attorneys still underestimate the legal weight of text messages. These quick exchanges with clients or opposing counsel carry the same ethical and compliance responsibilities as formal communications.

If you don’t archive them correctly, you risk violations, lost evidence, or disciplinary action.

But there’s a practical, secure, and affordable solution for text archiving for legal professionals—the iPlum phone system for attorneys.

In this article, you’ll learn:

What qualifies as a “text message” in legal and regulatory contexts
Which compliance rules apply to texting in legal practice
The difference between simple backups and compliant message archiving
How to archive texts without switching devices or phone numbers and more.

We’ll also zero in on how iPlum enables attorneys to archive client texts in line with the regulatory requirements.

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1. Are lawyers required to archive client text messages?

2. What is the difference between text backups and compliant archiving?

3. How long should lawyers retain client text messages?

4. Are native SMS apps good for legal archiving?

5. What are the possible consequences of failing to archive texts for lawyers?

6. Can personal phones be subpoenaed because of client texts?

7. How does iPlum address text message archiving for lawyers?

8.Wrapping up—how to archive client text securely for attorneys

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Are lawyers required to archive client text messages?

Yes, in most cases, the law requires attorneys to preserve client communications, including text messages.

Although the American Bar Association (ABA) Model Rules of Professional Conduct don’t explicitly mention “text messages,” they do require lawyers to maintain complete and accurate client records and to safeguard the confidentiality of all communications.

Rule 1.1 (Competence), Rule 1.6 (Confidentiality), and Rule 1.15 (Safekeeping Property) all apply, regardless of whether the conversation happens by letter, email, or SMS.

And legal precedent is catching up.

Courts now routinely treat text messages as discoverable evidence, meaning lawyers must produce them during litigation when relevant.

This holds true whether the communication occurred via SMS, iMessage, WhatsApp, or other platforms. If a firm cannot produce requested texts, it may face sanctions, reputational damage, or adverse rulings.

Yet many lawyers don’t have a reliable system in place to archive mobile communications, especially when using personal phones.

Forward-thinking firms use platforms like iPlum that allow lawyers to securely text from their personal phones via a dedicated business line, with automatic archiving and separation of personal data.

This meets the spirit, and increasingly, the letter, of record retention obligations.

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What is the difference between text backups and compliant archiving?

Text backup is not the same as text archiving.

In fact, backing up text messages to iCloud, Google Drive, or a mobile carrier's system is not enough to protect client communications.

Here’s a table summarizing the difference between the two.

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On this one, iPlum goes beyond standard backups by providing secure, automatic archiving that’s purpose-built for legal professionals.

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How long should lawyers retain client text messages?

There's no universal rule for how long lawyers must retain client text messages.

However, the general principle is that texts are subject to the same retention expectations as other client communications.

Most state bar associations recommend keeping client records, including digital communications, for at least five to seven years after the conclusion of a matter. The communication includes text messages that pertain to client decisions, instructions, billing, or legal advice.

In cases involving minors, criminal defense, or long-tail liability, firms may choose to retain messages even longer.

That said, failing to retain these messages for a reasonable period can pose problems if a dispute arises or if you're asked to produce communications during discovery.

Without a reliable archiving solution, locating relevant messages years later becomes nearly impossible, especially if they were exchanged on personal devices or auto-deleted after a system reset.

iPlum helps lawyers meet retention expectations by automatically storing messages in a secure, cloud-based vault, separate from personal data for up to 10 years.

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Are native SMS apps good for legal archiving?

No, native SMS apps aren’t built for legal-grade archiving.

Although texting apps like iMessage or Android Messages are convenient, they were never designed to meet the professional or regulatory demands of legal practice.

They don’t offer even the most basic controls that attorneys need to maintain compliance, protect client confidentiality, or retrieve messages efficiently.

Therefore, using your personal phone’s default messaging system can create a compliance blind spot that can jeopardize your cases or your license.

That’s why you need a VoIP system for lawyers, such as iPlum.

The platform provides a dedicated business line with built-in archiving, encryption, audit logs, and secure separation from your personal device, addressing the compliance limitations of native messaging apps.

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What are the possible consequences of failing to archive texts for lawyers?

Failing to archive client text messages exposes lawyers to serious legal and ethical liability.

Whether you're a solo attorney or part of a large firm, treating texts casually can lead to serious professional, legal, and financial consequences.

Below are the most common (and costly) outcomes lawyers face when they don't have a compliant archiving system in place:

Ethics violations and disciplinary action

Bar associations expect lawyers to maintain complete and accurate client records. If you can't produce text communications tied to a case, complaint, or dispute, you may face ethics investigations, suspensions, or public censure.

And, even if you had good intentions, failure to safeguard client communication violates core duties under ABA Rules 1.1, 1.6, and 1.15.

Discovery sanctions and lost evidence

Courts increasingly treat text messages as discoverable.

If you fail to retain or produce them during litigation, you risk adverse rulings, motions to compel, or sanctions. Judges may view missing texts as spoliation of evidence, especially if no archiving system is in place.

Credibility damage in disputes

When a lawyer can't provide a complete record of communications, it undermines their credibility with courts, clients, and opposing counsel.

And, in disputes over what was said (or promised), the absence of archived texts can tip the balance against you.

Malpractice exposure

In some cases, lost or missing messages can lead to malpractice claims, especially when the communication relates to client decisions, missed deadlines, or billing disputes.

And, without a clear, accessible archive, it becomes your word against the client's.

Data security risks

Storing client texts on personal phones, unsecured apps, or manual backups increases the risk of data leaks, phone theft, or unauthorized access. All of these can violate privacy laws or breach the attorney-client privilege.

So, failure to archive text messages for attorneys has real consequences. Luckily, as you'll see in the sections below, you don't have to overhaul your tech to solve them.

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Can personal phones be subpoenaed because of client texts?

Yes, if you communicate with clients on your personal phone, that device can be subpoenaed.

See, when attorneys use their personal number or default messaging app for legal matters, they blur the line between personal and professional data.

If a client dispute arises, or if the court deems your texts relevant to discovery, opposing counsel can request access to your entire phone—not just the individual messages.

This opens the door to several serious risks:

Your personal texts, photos, and contacts may be exposed.
You lose control over what gets reviewed.
You risk breaching attorney-client privilege if records aren't isolated.
You may violate your duty to protect client confidentiality.

Even deleted messages might be subject to forensic recovery if the court approves it.

That said, the solution is not to stop texting. It's to use a communication system that separates and secures your legal communication.

With iPlum, you can maintain a dedicated business line on your personal device, keeping all client communication in a secure, encrypted environment that's legally distinct from your private data.

That separation can be the difference between producing a clean transcript and handing over your entire phone in a deposition.

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How does iPlum address text message archiving for lawyers?

iPlum allows attorneys to archive client texts without changing their phones. More importantly, the platform allows you to do so in a secure, ethically compliant, and professionally managed environment.

Here's how iPlum solves the challenges attorneys face when it comes to text message archiving:

A dedicated business line on your personal device

With iPlum, you can send and receive calls and texts on your personal smartphone using a separate, dedicated business number. The system keeps client communication legally and digitally distinct from your personal data. As a result, it reduces your risk of device subpoenas and data exposure.

Automatic, compliant text archiving

iPlum automatically archives all business texts to a secure, encrypted cloud vault. Messages are stored in a tamper-proof format, with full audit trails, metadata, and searchability, meeting standards for ABA guidance, HIPAA, SOC 2, and GDPR.

And, get this, iPlum archives texts for up to 10 years.

Protection of attorney-client privilege

iPlum keeps your legal communication siloed from your personal apps and device storage. By extension, this helps preserve the attorney-client privilege, ensuring professional data remains in your firm's digital "walled garden."

And, even in states requiring two-party consent, iPlum provides automatic call recording announcements to maintain compliance.

Built-in compliance

Unlike free tools or standard VoIP apps, iPlum was designed for highly regulated industries like legal. It offers features like:

End-to-end AES-256 encryption
Multi-user management console
Call recording with metadata
Text archiving, backups, and exports
Business hours, voicemail transcriptions, and secure contact logs

Scalable for solo attorneys or large firms

Whether you're a solo practitioner or running a multi-attorney firm, iPlum allows you to assign separate business lines to team members. And you manage everything from a centralized dashboard, making it a scalable solution for legal practices of all sizes.

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Wrapping up—how to archive client text securely for attorneys

Archiving client texts is a professional obligation for an attorney.

But, without a secure system in place, you risk ethics violations, lost evidence, and serious legal exposure.

iPlum offers a turnkey solution that provides a compliant business line, automatic message archiving, and complete separation from your personal phone. And you don't have to get a second phone.

The platform has everything you need to stay protected, professional, and audit-ready, whether you're a solo attorney or managing a full firm.

Ready to close your compliance gaps without overhauling your tech?

Sign up for iPlum's compliance line for attorneys.