More on Difficult Clients, and an Update on Border Searches (New York Law Journal)
New York Law Journal, March 2, 2018
More on Difficult Clients, and an Update on Border Searches
“In the Sept. 1, 2017 article in this column (‘Threading the Needle: Protecting Client Information From U.S. Border Searches’), we examined the potential threat to lawyers whenever they travel internationally while carrying electronic devices containing client confidential information, and the New York City Bar Association’s Committee on Professional Ethics Formal Opinion 2017-5 ‘An Attorney’s Ethical Duties Regarding U.S. Border Searches of Electronic Devices Containing Clients’ Confidential Information’ (Opinion 2017-5). The Opinion sought to address two questions: When returning to the United States from traveling abroad, what is the scope of lawyers’ duties to protect client confidential information when information is stored in their electronic devices, and what steps do lawyers need to take to comply with these duties?”
