Home / Blog / Missed calls at a small law firm: a text-back that doesn't solicit
Missed calls at a small law firm: a text-back that doesn't solicit
Missed-call text-back for law firms: cheaper fixes first, then a text that isn't a solicitation, has no case details and never bot-answers a client.
You're at a hearing, your phone is face-down on counsel table, and the office line rolls to voicemail. The caller might be a client asking whether tomorrow's deposition is still on. They might be someone who was just served with divorce papers and is going down a list of firms. Neither one leaves a message.
A missed-call text-back sends that caller a short text within seconds, so they know a person will get back to them. For a law firm, the text has a few extra jobs. It mustn't read as a solicitation. It mustn't put case details on a phone someone else might see. It mustn't invite a stranger to describe their case before you've run a conflict check. And it mustn't let software answer a client's legal question. This post covers how often firm calls go unanswered, the cheaper fixes to try first, what the text should and shouldn't say, and what our recipe does and doesn't do.
Not legal advice. We build and test automations; we're not lawyers. This is a plain-English summary of primary sources, checked on October 27, 2026. Your state's version of the rules controls, and some states differ from the ABA Model Rules in ways that matter here. Ask your state bar's ethics hotline if you're unsure.
How often do law firm calls go unanswered?
The most-cited figure comes from Clio, which sells practice-management software, so treat it as vendor research. In its 2024 secret-shopper study, described in Clio's press release on the 2024 Legal Trends Report, shoppers emailed 500 law firms and also phoned firms. 40% of firms answered the phone, down from 56% in 2019, and 48% were "essentially unreachable by phone." Only 33% of the emailed firms replied.
Those numbers describe firms that a secret shopper contacted, not your firm. A three-person estate-planning practice with a full-time receptionist may miss very few calls. A solo who spends mornings in court may miss most of them. The only number that matters is your own. Most phone systems and carriers show missed calls in a call log, so count them for two weeks before you buy anything.
We don't put a dollar figure on a missed call, because we haven't found a source that measures one for law firms.
Try the cheaper fixes first
A text-back is the fourth thing to try, not the first.
- Fix the voicemail greeting. Say when you'll call back ("by the end of the next business day"), give an alternative (your website's contact form), and tell callers not to leave confidential details. It costs nothing and covers callers who do leave a message.
- Forward to a cell during known gaps. If the misses cluster around lunch or court mornings, forwarding the line during those hours may solve most of it.
- Use a live answering service. A person who takes a message and follows your script handles the callers a text can't, such as someone who wants to talk now. Get the vendor's written description of who answers your calls and what they say. ABA Formal Opinion 501 says a lawyer's responsibility for solicitation can extend to people the lawyer employs or retains, including marketing firms. Clio's pricing page also lists AI phone agents in Clio Grow, billed per matter hired. We haven't tested them, and the same questions about solicitation and confidentiality apply.
- Then a text-back. It helps most when callers hang up without leaving a voicemail and nobody can pick up in real time.
Is the text-back a solicitation?
Probably not, under the ABA Model Rules, because the caller contacted you first. Model Rule 7.3(a) defines a solicitation as a communication "initiated by or on behalf of a lawyer or law firm" to a specific person known to need legal services. Comment 1 adds that a communication is not a solicitation "if it is in response to a request for information or is automatically generated in response to electronic searches." A text to someone who just dialed your number looks like a reply rather than an approach, though no rule we read addresses a missed call with no voicemail directly, so this is our reading, not a settled answer.
Two cautions:
- Some states treat texts as live contact. Under the ABA comment, live person-to-person contact "does not include chat rooms, text messages or other written communications that recipients may easily disregard." Pennsylvania went the other way. Its Rule 7.3 Comment 2 says live person-to-person contact "includes text messages". That change took effect November 14, 2024, according to an ABA Law Practice Today article by Micah Buchdahl. Pennsylvania's Comment 1 keeps the same "in response to a request for information" carve-out, so a reply to a caller likely still counts as a reply. A text to someone who never contacted you would be a different matter.
- Keep it to one reply. Once the text turns into a follow-up campaign to people who didn't answer, you've moved away from "responding to a request" and toward advertising. We cover the state-by-state picture, including Florida's "Advertisement" rule for unsolicited texts, in Can lawyers text clients? A checklist for automated texts.
What the text should and shouldn't say
Say who you are. Model Rule 7.2(d) requires communications under that rule to include "the name and contact information of at least one lawyer or law firm responsible for its content." Even if a reply isn't an ad, the firm name and number cost a few characters.
Don't promise anything. Rule 7.1 bars false or misleading communications. "We'll call you back next business day" is fine if you do. "We'll win your case" is not.
No case details, even for clients. Rule 1.6(c) requires "reasonable efforts to prevent the inadvertent or unauthorized disclosure" of client information. The ABA Litigation Section's guidance on texting clients points to preview settings, synced devices and phones shared with family as ways texts leak. A text that says "about your custody hearing" can be read on a lock screen by the person on the other side of that hearing. "Sorry we missed your call, we'll call you back" says nothing about the matter.
Ask new callers not to text the facts. Under Rule 1.18, information from a prospective client can disqualify you from representing someone else in the same matter. Comment 4 says to limit the initial consultation "to only such information as reasonably appears necessary" to decide whether to take the matter. Comment 2 says a consultation is likely if you invite information "without clear and reasonably understandable warnings". So the new-caller text should point to your intake form and booking link and say plainly: please don't text details about your case.
Acknowledge clients promptly, then call. The comment to Rule 1.4 says "a lawyer should promptly respond to or acknowledge client communications." A text is a fast acknowledgment. It isn't the response. A person still has to call.
Make STOP work. Under the FCC's TCPA rules (47 CFR 64.1200(a)(10)), a reply such as "stop" or anything a reasonable person would read as "stop texting me" revokes consent. We walk through the TCPA, A2P 10DLC carrier registration and Canada's CASL in Is missed-call text-back legal?. That post was written for trades, but the federal texting rules are the same for a law firm.
What the two texts look like
These are the texts our law-firm missed-call recipe sent in its test run. The firm and numbers are invented.
To an existing client, during office hours:
Hi Maria, this is Harbor Point Law - sorry we missed your call. We'll call you back shortly. Reply STOP to opt out.
To a new caller, after hours:
Hi, this is Harbor Point Law - sorry we missed your call. We'll call you back next business day. To get started: https://harborpointlaw.example/intake or book a consult: https://calendly.com/harborpointlaw-example/consult . Please don't text details about your case. Reply STOP to opt out.
Notice what's missing. Neither text names a matter, and neither asks "what's your case about?" If the caller texts back a question, the recipe forwards it to the attorney's phone. It never replies on its own.
What it costs
Illustrative arithmetic from the recipe page, not a measured result. Assume 60 missed calls a month: 20 clients get a 1-segment text, 40 new callers get the 2-segment text above, and 20 replies are forwarded. That's about 180 SMS segments at Twilio's published $0.0083 per segment (Twilio US SMS pricing), or about $1.49, plus carrier fees. A Twilio local number is $1.15 a month on the same page. US texting from a local number also needs A2P 10DLC registration. The recipe page lists the one-time and monthly fees with links to Twilio's docs. The recipe lands at roughly $5 to $14 a month plus n8n hosting and any voice minutes for calls routed through Twilio. Your volume will differ.
How our recipe handles this, and what it doesn't
The law-firm missed-call text-back recipe routes your office line through a Twilio number. When a call isn't answered, it looks the caller up in Clio Manage by phone number. Here's how it behaves:
- Clients get the personal "we'll call you back" text. The call is logged on their matter if they have exactly one open matter.
- Everyone else gets the new-caller text, including people Clio knows who aren't clients, such as an opposing party.
- Skipped calls: answered, anonymous and non-US numbers get nothing.
- One text per caller per 12 hours.
- STOP and plain-English opt-outs work.
- No AI model. Every decision is a written rule you can read.
How it was tested. We ran 10 scenarios on October 27, 2026, and all 10 passed. Twilio and Clio were replaced by a local mock server built from their official API docs. Nothing was sent to a real phone, and the recipe has not been run against a live Twilio or Clio account. The Twilio webhook fields and Clio API fields come from those vendors' documentation.
What it doesn't do:
- It doesn't yet check the X-Twilio-Signature header, so copy that check in before going live (the recipe page says where).
- It doesn't run a conflict check, and it doesn't decide whether a caller is someone you can represent.
- It isn't built for Clio's Canadian region or for CASL. If you serve Canadian callers, read the CASL section of our texting legality post and check your Clio account's region first.
- It doesn't make the text compliant in your state. That's still your call.
If your misses come from web forms rather than the phone, see answering law firm web inquiries in 5 minutes. All our law-firm automations are on the law firms page.
Sources
All checked October 27, 2026.
- Clio, press release on the 2024 Legal Trends Report (PR Newswire, October 7, 2024). Vendor research.
- American Bar Association, Model Rules of Professional Conduct: Rule 1.4 comment, Rule 1.6, Rule 1.18 and its comment, Rule 7.1, Rule 7.2, Rule 7.3 and its comment.
- ABA, news release on Formal Opinion 501 (April 13, 2022).
- Pennsylvania Code, 204 Pa. Code Rule 7.3 and comments.
- Micah U. Buchdahl, Can Texting Be Improper Solicitation?, ABA Law Practice Today, December 16, 2024.
- Philip George, Considerations for Communicating with Clients via Text Message, ABA Section of Litigation, January 27, 2023.
- eCFR, 47 CFR 64.1200.
- Twilio, US SMS pricing; Clio, pricing. Vendor pricing pages.
Found an error or a better source? Corrections policy. More articles on the blog.