should attorneys still use phones for communications? Or has it gone the way of the dodo?

The blog post "Have Phone Calls Gone the Way of the Tin Can and String?" from Carolyn Elefant of MyShingle.com and an article from the Washington Post titled "The new phone call etiquette: Text first and never leave a voice mail" make me wonder if the use of "phone calls" is still a practical tool for attorneys in the age of advanced technology. Let's put this in a little context: Phone calls have existed for 147 years, with the iPhone being around for 16 years. The way we make calls has changed significantly with technological advancements, such as making calls on smartwatches and seeing voicemails transcribed in real time. But with the advances in texting, instant messaging, emails, and video calls, do we lawyers really need to be making phone calls today?

First, let's look at the Washington Post's Phone Etiquette Guidance for 2023:

Don't Leave a Voicemail: Voicemails are considered outdated due to the prevalence of text messages. It's often better to send information in written form, like a text or email. However, exceptions include sending heartfelt messages to close ones.
Text Before Calling: It's polite to text someone before calling them. This gives the recipient a heads-up and allows them to prepare for the conversation.
No Obligation to Answer: Just because someone calls doesn't mean you have to answer immediately. It's okay to mute the call and respond when convenient.
Emotions vs. Facts: Emotional or nuanced conversations are better over the phone, while factual updates or coordination can be done via text.
Video Voicemails: Apple's iOS 17 introduced a feature allowing users to leave video messages. While fun, not everyone appreciates them.

Are the use of phone calls in the work environment extinct?

Video Call Etiquette: During video calls, it's best to stay still and ensure your entire face is visible. Moving around can be disorienting for the other party.

Avoid Speakerphone in Public: It's considered impolite to use speakerphone in public places. If in a crowded area, be mindful of the volume and personal space.
Screen Calls: Apple's new feature in iOS 17 transcribes voicemails in real time, allowing users to decide whether to answer the call based on the transcription.
Phone Calls Still Matter: Despite the shift in communication methods, phone calls remain a valuable way to connect with others and foster relationships.

This may work with the general public. But I think this needs to be refined for lawyers.

My general phone guidance for lawyers in this new technology age:

Leave a Voicemail (not a video voicemail)/Don't Text Before Calling: Your clients may not be as tech-savvy as you are, so it would be impractical to not leave a voice mail for clients who do not know how to text. Further, it opens the door for clients to text you back at all hours (and may unrealistically expect an immediate text back – remember, set office policies with your clients, opposing counsel, and the general public about when they should expect communications to be returned - the send later function on email is great for when you are working late at night or on the weekends and you don't want everyone else to know). No one has the general ability to text government offices and government employees who do not have an office mobile phone. And if you text them on their personal phones, there may be a confidentiality issue.

WHen you use technology communications make sure you are using proper etiquette!

Be Very Mindful When Speaking in Public (speakerphone or not): If you are on a call in public, make sure the client is okay with this situation. When talking with a client, attorney, or other party about a case, be mindful to, at very minimum, not discuss the client's name. You don't want to breach any confidentiality issues. Depending on the notoriety of your client base, you may not want to talk about your "anonymous" client in public at all. Regardless, you never want the other party on speaker phone should they inadvertently reveal confidential information or their voice is obvious to the public!

Email (for conveying facts or creating a record) over phone calls (for general client relations): Do use email when you are trying to inform the recipient of facts. Do you use email when you need to create a record of the communication (there are some parties, e.g., a handful of attorneys, that I have dealt with who can't always be trusted to remember the details of the phone call). It is sometimes simpler (and safer) just to send an email. Or, at the very minimum, send an email for a post-call record.

Obligation to Answer (but you can still screen calls): Just because someone calls doesn't mean you have to answer immediately. It is okay to mute the call and respond when convenient. But make sure that you have a receptionist (or at least a virtual receptionist, I use Smith.AI to answer your calls. The receptionist can reach out to you. Once contacted, you can choose to accept the call, screen it, or request the receptionist to convey a message or inform the caller of a later return call or follow-up email.

Use Voice Mail as a Backup: You should make sure that your line(s) has a working voicemail should no one be available. Note: Even though I have a 24-hour answering service with Smith.AI, they can sometimes get overloaded with multiple callers. So, it's good to have a backup. With today's virtual and technological advances, setting up a voice mail is not something hard to provide your clients and potential clients. This concept is certainly not new - Doctors have had phone services to contact them on beepers for decades prior to today.

Phone calls play an important role in my office communications. Today, I meet almost all of my potential clients for the first time over the phone. We conduct initial consultations by phone. Remember, I have clients not only from across the country but also from all over the world. If we move forward with representation, our communications will move mostly to email and some phone calls. If we have a hearing with the VA (via the Board of Veterans Appeals), they are almost always by video. Phone calls may be "old-fashioned" and not quite fit in today's phone etiquette, but they are here for now!

MTC

This is a paper newspaper clip from 1963 (yes Virginia, newspapers were at one time actually first printed on paper 🙃). The “TV” phone has made leaps since its pre-laboratory release. “Pocket phones,” commonly known as “smartphones”, started becoming mainstream in the early 2000s. The exact year can be a subject of debate, but the introduction of the iPhone by Apple in 2007 played a significant role in popularizing smartphones and making them more accessible to the general public.

The iPhone's intuitive touchscreen interface and robust capabilities helped redefine the smartphone industry and sparked a wave of innovation from other manufacturers. Following the iPhone's success, smartphones rapidly gained popularity and became an integral part of people's lives worldwide.

Editors note: I haven’t seen a commercial where a busy housewife is making dinner while talking on her smartphone. My, how the times have changed in 60 years. 😱 Boy, do I feel old! 👴

Happy Lawyering!