#2018-19/01 Border Law and Confidential Client Information: Practical Considerations and Ethical Obligations

ABSTRACT

Lawyers traveling to foreign countries remain subject to the Rules of Professional Conduct. Among a lawyer’s responsibilities under the Rules are the duty to provide competent representation, which includes an obligation to remain current on developments in technology, and the duty to maintain the confidentiality of client information. Given the possibility that a lawyer’s electronic devices may be subject to search without reasonable suspicion both at the U.S. border and within foreign countries, lawyers traveling abroad may need to take special precautions to ensure that the confidentiality of client information is not compromised.

Ethics Committee Advisory Opinion #2018-19/01 by the NHBA Ethics Committee. This opinion was submitted for publication to the NHBA Board of Governors at its May 6, 2019 meeting.

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