The American Bar Association’s (ABA) Model Rules of Professional Conduct, specifically under Rule 1.4, emphasizes the importance of communication between lawyers and clients. Lawyers must keep their clients reasonably informed about the status of their matters and promptly reply to client requests for information. They also safeguard highly confidential communications with clients, colleagues, and courts.
With rising cyber threats and growing awareness of data privacy, it is no surprise that many in the legal field are exploring encrypted platforms like Signal. Its end-to-end encryption ensures that messages can only be read by the intended recipient. It also features disappearing messages and minimal metadata retention, which appeal to those concerned with information security.
However, while these features may enhance privacy, they complicate a lawyer’s ability to meet professional and regulatory obligations.
Ethical and Compliance Considerations
● Risk of Incomplete Records
While Signal enhances confidentiality, it poses challenges for compliance. Legal professionals must often retain client communication records, particularly when messages involve instructions, decisions, or agreements. Signal’s lack of native archiving and the use of disappearing messages can result in the loss of information that should be preserved.
● Meeting Ethical Obligations
According to ABA’s Model Rules of Professional Conduct, lawyers must take reasonable steps to secure client communications and maintain a record of their actions. Specifically, Rule 1.6(c) mandates that lawyers “make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.”
Using a platform like Signal is not prohibited, but lawyers must ensure they are not sacrificing essential recordkeeping or violating discovery obligations. Transparency with clients is also necessary, particularly when using communication tools that limit access to historical records.
How Law Firms Can Use Signal Responsibly
● Implementing Archiving Solutions
Several third-party compliance tools now allow users to securely capture and record Signal messages without undermining the app’s security. These solutions allow legal teams to log all communications in real time, with secure storage that meets industry standards. This allows users to use Signal while remaining compliant with legal and ethical requirements.
● Creating Internal Policies and Training
Law firms should establish clear internal policies around Signal recording usage. These should define when Signal may be used, whether disappearing messages are allowed, and how messages should be stored and accessed. Educating staff about these policies and the importance of maintaining communication records is also essential.
Where appropriate, lawyers should also obtain client consent before using Signal, especially if the nature of the communication may later be subject to review or discovery.
Conclusion
Yes, lawyers can use Signal, but only if they take deliberate steps to ensure its use does not conflict with their professional responsibilities. Legal professionals can safely incorporate Signal into their practice by implementing secure archiving solutions, creating clear usage policies, and staying informed about ethical obligations.