Schleppenbach: Attorneys Should Take Care to Protect Attorney-Client Privilege When Traveling
With the arrival of a busy summer travel season, attorneys should take extra care to protect attorney-client privilege when they travel, according to Shook Partner Jay Schleppenbach. Schleppenbach wrote an article for the American Bar Association’s Criminal Justice Section Newsletter titled “With Summer Travel Season Approaching, Attorneys Should Take Precautions To Protect the Attorney-Client Privilege.”
Schleppenbach said attorneys have a professional obligation to protect their clients’ secrets and confidences, which they must balance with the searches they may face in the course of travel. He noted that many have client materials on their personal devices and computers, and thus should be prepared to address government interactions at security checkpoints. He suggested attorneys familiarize themselves with the U.S. Customs and Border Patrol’s January 2018 Directive addressing searches of electronic devices during border crossings, and emphasized the importance of storing client information remotely.
“Because CBP has made clear that remotely-stored information should not be accessed during border searches, attorneys can avoid concerns about disclosing client confidences when crossing the border (especially when entering a foreign country) by uploading needed content to web-based services and carrying “burner” devices that store little or no client information locally,” he said.
Schleppenbach said attorneys have a professional obligation to protect their clients’ secrets and confidences, which they must balance with the searches they may face in the course of travel. He noted that many have client materials on their personal devices and computers, and thus should be prepared to address government interactions at security checkpoints. He suggested attorneys familiarize themselves with the U.S. Customs and Border Patrol’s January 2018 Directive addressing searches of electronic devices during border crossings, and emphasized the importance of storing client information remotely.
“Because CBP has made clear that remotely-stored information should not be accessed during border searches, attorneys can avoid concerns about disclosing client confidences when crossing the border (especially when entering a foreign country) by uploading needed content to web-based services and carrying “burner” devices that store little or no client information locally,” he said.
