Jurisdiction(s):
United Kingdom

England and Wales: Billed WhatsApp/IM communications form part of the solicitor’s file and must be disclosed on Solicitors Act 1974 assessments; SRA guidance endorsed

Published on: 21 January 2026

Published by a LexisNexis Dispute Resolution expert

Legal News

Article summary

A solicitor’s file should include any instant messages for which a fee has been raised (MacInnes & another v DWF Law LLP)

MacInnes & another v DWF Law LLP [2025] EWHC 3252 (SCCO)

What are the practical implications of this case?

Lawyers are increasingly corresponding with clients via WhatsApp and other instant messaging platforms, alongside letters, phone calls and emails. Although convenient, this creates fresh duties and risks, as this decision starkly illustrates. It is a timely prompt for firms to ensure they have procedures to extract and retain WhatsApp communications that ought to sit on the client’s file. The judge underlined that any communication for which a fee has been charged must, by definition, be included on the file, and that necessarily encompasses instant messages. Firms lacking robust policies and reliable systems for capturing and filing these messages expose themselves to litigation and regulatory jeopardy. They will also risk breaching disclosure orders on solicitor/client assessments, as occurred here. The takeaway is straightforward: if time has been billed for the exchange, it is part of the file and must be properly stored and available for disclosure...

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