The risk of being Anti-Social

And no, I don’t mean when I’m sitting at the bar with a bottle of bubbles and I’m not willing to share!

Although that is definitely I time when I might not be pleased to see you!

Unless, of course, you bought your own bottle.

What I was actually thinking about, was a risk of using WhatsApp that I hadn’t considered before.

I often have to remind clients that when we’re looking at a dispute, and we want all the evidence, that isn’t confined to emails and letters (do people still write letters?).  I need to see EVERYTHING, good or bad, including messages you’ve spent over social media, such as LinkedIn, texts and, of course, WhatsApp.

A WhatsApp exchange agreeing to specific terms or discussing a change in strategy can be just as relevant and binding as a written contract.

Which can lead to some obvious risks.

For example, if your staff use their personal phones for exchanging messages with clients, how do you keep track of those messages and (perhaps more importantly) get copies long after the employee has ceased to work for you.

But there’s another risk that I hadn’t thought of before.  What happens if the other side do or say something, such as sending you the terms of an agreement, or agreeing to a specific point, and subsequently they delete the message, not only for themselves but for you as well, so that you no longer have a copy of it.

They might not do it straight away and it could happen that by the time you notice, it’s too late to do anything about it such as query why they’ve done it (before it’s too late) or insist on it being resent.

As people are never going to stop using such methods to communicate, the only way to reduce the risk is to take screenshots and downloads of everything that is relevant and make sure that these are kept in a safe and readily accessible place.

I’d also take screen shots of the other side subsequently deleting those messages, as putting the two together could undermine their credibility in the right circumstances.

Alternatively, or perhaps as belt and braces, every time you and another party agree something important by phone or through some form of social media, make sure you confirm the relevant details in writing to them, preferably by email or, if you’re feeling old school, send them a letter!

Kleyman & Co Solicitors.  The full service law firm.  Traditional thinking in a modern world.