Attorney-client privilege issues with remote work during summer positions Forum

[Anonymous User]

I'm guessing that living with roommates during summer programs posed less of a problem before covid-induced remote work since separating the workspace from home (and cohabitants) would have been easier. Now that we've gone remote and many firms likely to remain that way, I feel like there's a higher possibility of running into privilege issues.

Am I right about this and should I try to find a place for myself during the summer job, or is this not really an issue? Is this just an unrealistic, law-student worry, or is this a real problem that I should work out before starting work?

[hdr]

When we began remote work I moved out of the house and into a studio to eliminate the possibility that my wife or toddler would break privilege on any documents. The partners have been very appreciative.

[UnfrozenCaveman]

I'm guessing that living with roommates during summer programs posed less of a problem before covid-induced remote work since separating the workspace from home (and cohabitants) would have been easier. Now that we've gone remote and many firms likely to remain that way, I feel like there's a higher possibility of running into privilege issues.

Am I right about this and should I try to find a place for myself during the summer job, or is this not really an issue? Is this just an unrealistic, law-student worry, or is this a real problem that I should work out before starting work?

Seems like an unrealistic law school worry. Get headphones for the (very rare) occasion that atty-client privilege is important.

[UnfrozenCaveman]

When we began remote work I moved out of the house and into a studio to eliminate the possibility that my wife or toddler would break privilege on any documents. The partners have been very appreciative.

In fairness, leave your wife and children so that you can practice law is probably more accurate.

[cavalier1138]

So as suggested above, you're being a little overly paranoid. Everyone understands the remote-work environment by now, and there's no expectation that you put yourself in a soundproof, windowless box to maintain privilege.

At the same time, if you're going to have people coming in and out of your "office," don't do dumb shit like leaving sensitive documents up on your screen while you're away.

[Anonymous User]

So as suggested above, you're being a little overly paranoid. Everyone understands the remote-work environment by now, and there's no expectation that you put yourself in a soundproof, windowless box to maintain privilege.

At the same time, if you're going to have people coming in and out of your "office," don't do dumb shit like leaving sensitive documents up on your screen while you're away.

Lock your computer. I went to college with a girl who later got fired from biglaw because her husband traded on merger info she had up on computer at home. She went to take a call and he snooped. Obviously less relevant if you’re not getting non public info.

[Anonymous User]

Anon because I was a summer associate at an all virtual V15 program last year.

We were not given any client assignments.

The "regular" practice group Zoom calls that we were invited on never mentioned any client matters or current work. They were largely social calls and "this is what we do, do you have any questions?" I am guessing part of the reason for this format was to avoid discussing privileged material.

[snehpets]

Anon because I was a summer associate at an all virtual V15 program last year.

We were not given any client assignments.

The "regular" practice group Zoom calls that we were invited on never mentioned any client matters or current work. They were largely social calls and "this is what we do, do you have any questions?" I am guessing part of the reason for this format was to avoid discussing privileged material.

Wow this is so weird and such a waste of your and their time. What did you do all day?

[UnfrozenCaveman]

Pretty good chance you would have shared an office as an SA anyway.

[polareagle]

Pretty good chance you would have shared an office as an SA anyway.

Right, but that would've been with someone else at the same firm, so no privilege issues. I take OP's concern to be that s/he is going to be rooming with people from law school who work at different firms.

OP, I agree that you're unlikely to run into significant issues. I hope you will get client-related work (because seriously what's the point otherwise); just don't be careless. Lock your screen when away. If you print anything out (e.g., draft to read over in hardcopy), put it in a shred box and actually shred it at some point. If you'll be speaking about anything client-related on the phone, just go to a different room and close the door. (You're being paid enough as a summer to afford your own bedroom.) A sneaky one, disconnect or mute your virtual assistants (Alexa or Google Home).

This advice is almost certainly over the top, and you're not likely to get anything super-confidential as a summer. But it's good to get into these habits early. You never want to end up as the schmuck on the Acela who's blaring loudly about his cases.