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Alexa, can you hear my clients? Confidentiality Obligations in the Coronavirus Work from Home Era

Read Time: 1 min
Confidentiality is fundamental to the client-lawyer relationship. Are you talking to your lawyer within earshot of a family member or a third person? Are you talking to your lawyer within earshot of a listening device?

Confidentiality of client information is at the heart of the client-lawyer relationship. Not only does it shape how lawyers deliver services to clients, but it also is a bedrock principle of the lawyer rules of professional conduct in all 50 states. McGlinchey is ever mindful of its confidentiality obligations, and lawyering in the time of coronavirus is no different.

We want to assure our clients that we have impressed upon all our lawyers and staff that our confidentiality obligations are the same while we’re remote-working as when we’re in the office. Our attorneys and staff have been specifically reminded that client information shouldn’t be discussed and client phone calls shouldn’t take place in the presence of family members or third parties. Likewise, in order to protect confidentiality and the client-lawyer privilege, our clients should employ these same precautions.

Additionally, recent reporting has warned about discussing confidential information in the presence of AI listening devices, for example, Amazon’s Alexa or Google’s voice assistant. Apparently, these devices may be activated inadvertently, even if trigger words aren’t used. The same applies to video devices such as Ring, baby monitors, and TVs.

Please don’t hesitate to let your McGlinchey lawyer know if you have any questions or concerns about confidentiality.

Christine Lipsey serves as McGlinchey’s general counsel, implementing policies and procedures to address and ameliorate conflicts and risks in the firm’s nationwide network. 

Insights

Podcasts

Podcast: Client Confidentiality in the Age of Coronavirus

June 24, 2020

In this episode, Christine Lipsey discusses that, in the age of Coronavirus and work from home, there are additional factors for lawyers to consider. We all need to be especially sensitive to maintaining these essential protections.

Published Article

Lawyering in the Time of Coronavirus: Novel Confidentiality Concerns

April 16, 2020

While confidentiality and the associated evidentiary protections (and the danger of waiver) should always be top-of-mind, during this unprecedented time of coronavirus and remote-working, lawyers—and clients—should be especially sensitive to maintaining these essential protections. Christine Lipsey (Baton Rouge) addresses these concerns in a New York Law Journal Article “Lawyering in the Time of Coronavirus: NovelMore

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