by Ryan McKeen
Thinking and reading a lot about security features for smart phones. There are countless articles about how the iPhone is unsafe for lawyers because it has to be connected to a network to be remotely swiped and it internally records the actions of the user of the phone.
I often think, what would happen if I lost my smart phone. What would happen?
Now I can do a remote swipe. I have a password and I take great care not to lose my phone.
Assuming that a remote swipe would only be partially effective and somehow my password could be hacked – what should I do?
The answer is simple. Important client conversations about strategy need to happen in person. If they can’t happen in person then they need to happen via land line.
As I think about this issue, I realized that I am very careful what I send to my clients via email. Most all of my emails are mundane. Things like: here’s the address to the court or just a quick reminder that we’re meeting on Monday.
I never discuss strategy in an email because I don’t trust it. For example, in a divorce, it’s possible my client’s spouse knows his email password. It’s possible my client loses his smart phone and his spouse gains access to attorney/client emails that way.
The potential problems with technology in this respect are endless. But that doesn’t mean lawyers need to ditch their iPhones. What lawyers need to do is be smart users of smart phones.
In my opinion, when it comes to confidential communications, old advice is good advice: Never write what you can say.