Undoubtedly, many of you rely on mobile devices to practice law. Reminder: as a lawyer, you have a duty to take reasonable precautions to protect against the disclosure of client information during a border crossing.
I’ve posted three blogs on this topic. The most recent was Crossing the Border? Consider Bringing Only What You Need. The post includes a link to (and summary of) the NYC Bar Association’s advisory opinion 2017-5. The opinion, which is here, addresses an attorney’s duties with respect to protecting client information before, during, and after a border search. The ABA Journal also reported the advisory opinion.
The post and links might be worth reviewing.
For more, and thanks to a tip from Attorney Caryn Waxman, check out Jeff Richardson’s latest post on his iPhoneJD blog: New Customs and Border Protection policy on searching attorney iPhones. The post focuses on the “new procedures that a border patrol agent must use when confronted with data protected by the attorney-client privilege or work product.” Note: the duty to protect client data at the border is NOT limited to data on Apple devices.
If you’re going to Montreal, have a great time! But, before leaving, consider how important it really is to have client data with you for the weekend.