Tips For Maintaining Client Confidences at the Border
For many attorneys, international travel is a function of a modern and increasingly global law practice. With this rise in travel, however, comes an increased risk of violating the rules of professional conduct and potentially facing a malpractice claim as a result.
September 11, 2017 at 01:04 PM
7 minute read
For many attorneys, international travel is a function of a modern and increasingly global law practice. Whether required as part of closing a foreign deal or representing a client in an international arbitration, trips abroad are becoming more common across various practices. With this rise in travel, however, comes an increased risk of violating the rules of professional conduct and potentially facing a malpractice claim as a result.
Airport security searches in particular may result in inadvertent or forced disclosure of documents and information that are protected by the attorney-client privilege and work product doctrine or are otherwise confidential in nature. Not only has the scope of these searches grown significantly since Sept. 11, 2001, but they remain subject to further expansion as policies on international travel become even more restrictive.
Upon reentering the United States, Customs and Border Protection (CPB) and Immigration and Customs Enforcement (ICE) agents may attempt to inspect attorneys' laptop computers, cellphones and other mobile electronic devices. However, to the extent these devices contain privileged or confidential documents and data, permitting their inspection without objection may run afoul of Georgia Rule of Professional Conduct 1.6, which requires attorneys to “maintain in confidence all information gained in the professional relationship with a client, including information which the client has requested to be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the client.”
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