Every employment case has a component to their matter called “Discovery.” In discovery both Plaintiffs and Defendants will often ask for the other side to provide all communications concerning the matter in question. These communications include all text messages our Client has sent or received. Clients may be obligated to preserve these text messages for any legal proceeding. The ramifications for not preserving text messages, and their required details, could be severe.
So what details do the records for the text messages need to contain? It might seem obvious but you need the full body of the text message, sent or received. The date and time also need to be included, with each corresponding text message. Lastly, there needs to be the real contact information for any party that either sent or received the text message.
To ensure your text messages are safe and secure everyone should backup their phone. Both android’s and iPhone’s have a cloud software system to backup your text messages. Be sure to communicate with your attorney about the contents of your text messages and how they may retrieve them at everyone’s earliest convenience. No one wants to violate a potential legal obligation when everything could have been solved with the press of a few buttons.