It can be hard for legal marketing ethics experts to keep up with rapidly expanding modes of electronic communication, but the State of Ohio recently gave it a try. The issue was text messaging. Is a text message like an email, or is it more like an internet chat-room conversation, where the communication takes place in "real time?" If your answer to this question is, "Who cares?" my response is that lawyers should care. How you answer this question determines the legal and ethical guidelines that control when you solicit a client by texting.

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