Confidentiality is fundamental to the client-lawyer relationship. Are you talking to your lawyer within earshot of a family member or a third person? Are you talking to your lawyer within earshot of a listening device?

Confidentiality of client information is at the heart of the client-lawyer relationship. Not only does it shape how lawyers deliver services to clients, but it also is a bedrock principle of the lawyer rules of professional conduct in all 50 states. Attorneys should always be mindful of their confidentiality obligations, and lawyering in the time of coronavirus is no different.

Law firms should assure their clients that they have impressed upon all their lawyers and staff that their confidentiality obligations are the same while remote-working as when they're in the office. Attorneys and staff should be specifically reminded that client information shouldn’t be discussed and client phone calls shouldn’t take place in the presence of family members or third parties. Likewise, in order to protect confidentiality and the client-lawyer privilege, clients should employ these same precautions.

Additionally, recent reporting has warned about discussing confidential information in the presence of AI listening devices, for example, Amazon’s Alexa or Google’s voice assistant. Apparently, these devices may be activated inadvertently, even if trigger words aren’t used. The same applies to video devices such as Ring, baby monitors, and TVs.