Yes. A Smart List in GoHighLevel is a saved contact filter that updates as tags, dates, and pipeline stages change. Build one for contacts created in the last 90 days who had a consultation or inquiry and are not tagged Retained, and exclude declined matters and anyone who opted out. The bottom line: the list is easy to build, and the harder question is what the firm may send to it, because consent and lawyer advertising rules both apply.
What belongs on the list, and what does not
| Include | Exclude |
|---|---|
| Created in the last 90 days | Tagged Retained |
| Tagged Consult held, or inquiry with a call | Tagged Declined, where the firm sent a non engagement letter |
| Has a phone or email with recorded consent | Tagged Opted out |
| Matter type the firm handles | Matters with a conflict flag |
Declined prospects belong on a separate list. ALPS, a malpractice insurer, notes that writing a declination letter is what normally triggers entering the declined person's name into the conflicts database, and calls the letter an effective risk management tool. So do not delete these contacts, and do not treat them as marketing targets.
What the firm may send
ABA Model Rule 7.3 bars solicitation by live person to person contact when a significant motive is the lawyer's pecuniary gain, and the 2018 comments say text messages and other written communications recipients can easily disregard are not live contact. A communication in response to a request for information is not a solicitation, according to the Colorado version of the comment. States differ. Pennsylvania's rule says person to person contact includes text messages, according to a Marshall Dennehey summary, and a legal marketing company sued over it. ABA Formal Opinion 501 adds that a lawyer is responsible when employees, lead generators, or other agents solicit on the lawyer's behalf. Check your own state before texting anyone who has not asked to hear from the firm.
Consent is a separate layer. The FCC's 2024 order lets people revoke consent to autodialed or prerecorded calls and texts by any reasonable means, and words such as stop, cancel, and unsubscribe count automatically. A follow up email raises fewer questions than a text, and the safest first step is one message that offers help and asks the person to reply if they want it.
Build it in GoHighLevel
A third party guide describes Smart Lists as filters on contact fields, tags, dates, and pipeline data that save and update automatically. Confirm the filter names in your account.
- Go to Contacts and open Smart Lists, then create a list called Never hired 90 days.
- Add the filters: date created in the last 90 days, tag Consult held, tag Retained not present, tag Declined not present, and tag Opted out not present.
- Save the list and check the count against the pipeline once by hand.
- Build a workflow that starts when a contact is added to a tag such as Reactivate, with one email and, only where the firm's state and consent allow, one text.
- Add a task for an attorney to review the list before anything is sent.
- Add the Stop on Response setting so anyone who replies gets a person.
Worked example
For example, if a firm had 200 inquiries in 90 days and 60 retained, 30 were declined, and 10 opted out, the list holds 100 contacts (200 minus 60 minus 30 minus 10). An attorney reviews the list, and one message reaches them.
Mistakes to avoid
- Including declined matters. They already got a non engagement letter.
- Texting in a state that treats texts as live contact. Pennsylvania does, according to one summary.
- No attorney review. A lawyer is responsible for what goes out.
- Sending more than two messages. Stop after one follow up.
How this was handled before
Firms kept a spreadsheet of consultations and a paralegal filtered it by hand. The list was often weeks out of date. A saved filter stays current and can exclude people who opted out or were declined.
What to measure after launch
Track list size, messages sent, replies, and consultations booked from the list. Compare replies for email and text if the firm's state allows both.
Check before you switch it on
US text messages sent from a standard 10 digit number need A2P 10DLC registration. The HighLevel support portal says registration is required for texts to US recipients from 10 digit long code numbers and that toll free numbers do not require it. HighLevel's opt in guidelines also say a person cannot be forced to agree to text messages in order to submit a form, so keep the consent box optional. One compliance guide separates informational texts, which need documented consent, from marketing texts, which need prior express written consent. Ask your attorney which category your reminders fall into. Confirm your state's rule on texting prospective clients before any text goes out, and record consent for each contact. This is general information, not legal advice.
Questions people ask
Can a law firm text someone who inquired but never hired?
It depends on the state and on consent. The Model Rule excludes texts from live contact, but Pennsylvania's rule includes them, and a communication in response to a request for information is not a solicitation.
Should declined matters be on this list?
No. They should be handled through a non engagement letter and kept in the conflicts records.
Does a Smart List update on its own?
A third party guide says it is a saved filter that updates as contact data changes.
Ready to try it yourself? Start a GoHighLevel account here.
You can also see this in action in our GoHighLevel capabilities demo.