Can Attorneys Guarantee Confidentiality in the Era of Smartphones and Voice-Activated Devices?

Abstract

Among a lawyer’s many obligations to clients is the duty of confidentiality found in Colorado Rules of Professional Conduct (Colo. RPC) 1.6. Recent news reports make it clear that voice activated devices are always listening and smartphones are always tracking. Confidentiality issues are always present for attorneys who choose to keep a voice activated device in their office potentially listening to conversations with clients. While the tracking apps in smartphones are more a risk to personal privacy, there are attorney-client confidentiality issues as well.

Keywords: voice-activated devices, smartphones, privacy, confidentiality