The short answer
A missed call is a client you already paid to reach. Call back first, as fast as a person can, then send one plain text that names the firm and offers a time. Keep automated texts inside the FCC consent rules, honor every stop request, and report the missed-call rate every week.
Every firm misses calls: at lunch, during a consultation, after five, on Saturday. Each one is a person who wanted a lawyer badly enough to dial. This playbook turns missed calls into a routine with an owner, a time limit, one honest text and a weekly number.
What is a missed-call text-back?
It is a short text sent to a caller whose call nobody answered, saying the firm saw the call and will call back. Many phone systems can send it automatically. Used well, it tells the caller they reached a real firm and that a person is coming, so they wait for you instead of calling the next name on the list.
What is the callback rule?
The callback rule is one written standard: who returns missed calls, how fast, and how many tries. A rule nobody owns does not happen, so name a person on each shift. A workable rule for most firms is below; adjust the times to what your team can keep, then measure it.
| Step | Who | When |
|---|---|---|
| Call back | The intake person on shift | Within minutes during staffed hours |
| Send one text if no answer | The same person, or the phone system | Right after the failed callback |
| Second call | Intake | Later the same day |
| Last try with a note in the file | Intake lead | Next business morning |
| Close as unreached | Intake lead | After the last try, with the reason |
The table’s point: three human tries and one text, then a closed record. More than that becomes pressure, and the record shows you tried.
What should the text say?
Keep it to one message that names the firm, admits the miss and offers a time. No case details, no results, no fee talk and nothing that sounds like advice. A caller may share the phone with someone, so say nothing about why they called.
Text, after a missed call
This is [Firm name]. We missed your call and want to help. We will call you back by [time]. Reply with a better time, or STOP to opt out.
Text, after hours
This is [Firm name]. We are closed now and will call you at [opening time]. If it is urgent, reply and our on-call team will reach you. Reply STOP to opt out.
Have your attorney approve both versions, and make sure the tool honors STOP and any other reasonable reply asking to stop, in any language. Some states treat texts to prospective clients as advertising, so check your state’s advertising rules for labels or filing duties.
What do the FCC rules say about texts?
The FCC’s consumer guide is the plain starting point. It says FCC rules ban text messages sent to a mobile phone using an autodialer unless the phone owner previously gave consent to receive the message, and that commercial texts require written consent; for informational texts, your consent may be oral.
The same guide adds: “You may opt out of any robocall or robotext at any time and in any reasonable manner.”
A text limited to the missed call and a callback time, sent only to someone who called you, with a way to stop, is easier to defend as informational. Whether the call counts as consent, and whether a text is informational or commercial, is a question for your counsel. Promotional follow-ups need the written consent the rules describe. Your counsel should approve the tool and the wording. This is marketing information, not legal advice.
Should you record the callbacks?
Only if every caller is told, and only after your counsel approves it for each state you call into. Some states require every party’s consent. California’s statute, for example, covers anyone who, without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record it. A short notice at the start of the call is the usual answer.
How do missed calls cost money twice?
First, the person who called may hire someone else. Second, some missed calls are billed. For Local Services Ads, Google says a lead can be charged when you missed a phone call during your business hours and the customer stays on the line for more than 20 seconds. A callback that connects does not double the charge: Google says any follow-up calls or messages with that customer are not charged again, provided there is interaction within 15 days. See Local Services disputes and billing for the rest.
What should you report every week?
Report the missed-call rate and the recovery rate side by side, by hour and by source. A low missed-call rate with a slow callback still loses people, so track the time to callback too. Then follow the recovered calls to signed cases in your own records.
| Weekly number | How to read it |
|---|---|
| Missed-call rate, by hour | Where staffing leaks |
| Median time to callback | Whether the rule is kept |
| Missed callers reached again | Whether the text and callbacks work |
| Opt-outs | Whether the wording annoys people |
| Signed cases from recovered calls | What the routine earns |
The speed to lead standard defines the timing, and our secret-shop worksheet tests the whole routine with real calls. Injury firms should also read after-hours calls for personal injury firms.
What this means for your firm
- Write one callback rule with a named owner on every shift, and check it weekly.
- Use one plain, attorney-approved text with a way to stop, inside the FCC consent rules.
- Report missed-call and recovery rates, then follow recovered calls to signed cases.
Start with a free video review, and we will test your missed-call routine as part of it. For the full intake picture, read law firm intake.
Marketing information, not legal advice. Your counsel and your state bar decide what applies to your firm.
Questions about this guide
Is a text-back a replacement for answering the phone?
No. A text-back is a backstop for the calls a person could not take. The callback comes first, because most people who call a law firm want to talk. The text keeps the door open when the callback does not connect.
Do we need consent to text back someone who just called us?
It depends on how the text is sent and what it says. FCC rules limit autodialed texts to mobile phones without prior consent, and commercial texts need written consent. Ask your counsel to approve the wording and the tool before you switch it on.
What should the first text say?
Name the firm, say you missed their call, offer a call back at a specific time, and give a way to stop texts. Leave out case details, results, fees and anything that sounds like advice. Short and plain works best.
How fast should a missed call be returned?
Within minutes during the hours you staff, and first thing at opening for anything that came in overnight. Set one rule for the whole firm, make one person own it each shift, and check it weekly from the call log.
Sources
- FCC consumer guide: stop unwanted robocalls and textsAccessed October 28, 2026
- Google Local Services Ads Help: how charges work for leadsAccessed October 28, 2026
- California Penal Code § 632, recording confidential communicationsAccessed October 28, 2026
- Clio 2024 Legal Trends Report, as reported by 2CivilityAccessed October 25, 2026