Many attorneys rely on rideshare companies to get them to meetings, the airport or for other job functions. Recently, some rideshare companies have initiated audio and video recording programs allowing drivers to record video and/or audio during all trips. Rideshare companies indicate that recording driver and passenger will protect them both.    

But what about those circumstances when an attorney engages in an off-the-cuff conversation with a colleague regarding a client confidential matter in the back of a rideshare vehicle, which is then recorded by the driver? Could opposing counsel subpoena the footage? Could the driver go to the media?

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