The growing use of messaging platforms such as WeChat and WhatsApp has made it easier for registered migration agents and legal practitioners to communicate with clients. However, these apps are not designed for secure or compliant record-keeping, which can make it difficult to retrieve, verify, or store communications in a way that meets professional obligations.
Using informal messaging apps without proper backup or integration into a secure practice management system may result in non-compliance and expose practitioners to data breaches, miscommunication, or disputes over undocumented advice.
Under the OMARA Code of Conduct, practitioners must:
- Under Clause 33, Act competently, diligently, and in a timely manner when dealing with clients
- Under Clause 35,Maintain client confidentiality and not disclose personal information without consent, except as required by law.
- Under Clause 53, Ensure all client documents, whether physical or electronic, are stored securely.
- Under Clause 56, Keep accurate and complete records of all dealings with clients, including communications, for at least seven years.
Best Practice Recommendations include avoiding substantive advice or instructions solely via chat platforms, using secure email or encrypted client portals for formal communications, promptly saving all relevant messaging exchanges to the client file, following up chat messages with an email confirming the discussion, and informing clients about your preferred communication channels and why they are used.
By maintaining proper records and secure communication practices, practitioners can effectively manage risks, meet professional obligations, and protect both themselves and their clients.