May a law firm use an outside answering service for client and prospective-client calls?

Plain-English summary

A lawyer proposed an outside answering service for calls from clients and potential clients outside business hours. Its staff would identify the service and sign a confidentiality agreement.

The opinion permits use if the lawyer takes sufficient steps to safeguard client information. It says the agreement should, at a minimum, notify all service staff that information about the lawyer's account is confidential and make the company liable for staff breaches. It also says clients should be instructed, if possible, to limit information given to the service.

In practice

The opinion permits the proposed service subject to confidentiality safeguards, including specified terms for the service's staff and company.

Common questions

Q: May the firm use the answering service?

A: Yes, if sufficient steps safeguard client information.

Q: What should the confidentiality agreement say?

A: At a minimum, it should address notice to all staff and company liability for staff breaches.

Q: What does the opinion say about client messages?

A: It says clients should be instructed to limit information shared with the service if possible.

Background and rules framework

The published answer addresses confidentiality precautions for an outside answering service but cites no numbered rule.

See also

• Missouri Informal Op. 20070008: Outside File Scanning
• Missouri Informal Op. 2017-02: Assistant Breach

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20050068/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney wants to hire an answering service to answer phones during non-business hours. The answering service staff would identify themselves as such when answering phones, and Attorney would have them sign a confidentiality agreement before retaining their services. They would take messages from existing clients as well as potential new clients. Are these steps sufficient with the ethical rules? If not, what additional steps need to be taken in order to hire this service?

ANSWER: It is permissible to use an answering service if Attorney has taken sufficient steps to safeguard the confidentiality of client information. At a minimum, the type of information to be included in the confidentiality agreement with the answering service should provide that all answering service staff will be notified that all information related to Attorney’s account is confidential. It should also provide that the company will be liable for any breach of confidentiality by the company’s staff. Attorney should also give clients instructions to limit the information they provide to the answering service, if possible.