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ARTICLE · 27 JANUARY 2020

What If A Border Agents Seeks Your Smartphone That Includes Client Secrets?

Dentons
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Regular travelers are familiar with the protocols of international travel, such as complying with various countries' requirements regarding possession of liquids or certain agricultural products.

United StatesGovernment, Public Sector
Shari Klevens
Shari Klevens
Alanna Clair
Alanna Clair
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Regular travelers are familiar with the protocols of international travel, such as complying with various countries’ requirements regarding possession of liquids or certain agricultural products. But what is an attorney to do if a customs agent asks to peruse the attorney’s smart phone? Or if a customs agent asks the attorney to identify the clients that attorney is meeting or working on behalf of in the foreign country? Such questions can create a tension for attorneys between their duty to comply with international travel directives and their duty to preserve confidential or privileged client information in their possession.

Whether international travel is required to conduct meetings, close international deals with foreign clients or participate in an international arbitration, trips abroad are becoming more common across various practices. As a result of the concerns over potential violations of attorney-client privilege at borders and airports, the American Bar

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About Dentons

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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