Cellular Communications and Confidentiality: Can Waiver Occur on the Way to the Office
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Authors
Cottam, Dale W.
Issue Date
1992
Volume
25
Issue
Type
Journal Article
Language
Keywords
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Abstract
INTRODUCTION|On November 26, 1990, the Illinois State Bar Association, ("ISBA"), published Illinois State Bar Opinion No. 90-7, ("Opinion No. 90-7"). The opinion was promulgated in response to the following questions: "Does a lawyer violate the Illinois Rules of Professional Conduct if he or she uses mobile communications for confidential conversations with a client or when discussing confidential matters of a client?" and "[d]oes the lawyer have an obligation to inquire of the client as to whether the client is using mobile communications"? In response, the ISBA advised: (1) that mobile communications could not be considered secure as to confidentiality, and participants in such conversations had no right to expect privacy; (2) that use of such communications by attorneys could possibly result in a waiver of the attorney-client privilege; and therefore (3) that an attorney should not use mobile communication if discussing confidential matters; and lastly (4) that when an attorney is aware that a client is using mobile communications, the attorney should inform the client that confidentiality and the attorney-client privilege may not apply to the communications. |Although ISBA opinions "do not have the weight of law and should not be relied upon as a substitute for individual legal advice," the promulgation of ISBA Opinion No. 90-7 has placed attorneys on notice that returning their client's telephone calls while traveling to and from work might subject them to disciplinary proceedings. In addition, Opinion No. 90-7 informs attorneys that the attorney-client privilege may be not apply when confidential matters are discussed over cellular telephones, regardless of whether the attorney, client, or both are using cellular technology...
Description
Citation
25 Creighton L. Rev. 1185 (1991-1992)
Publisher
Creighton University School of Law