For many attorneys, international travel is a function of a modern and increasingly global law practice. Whether required as part of closing a foreign deal or representing a client in an international arbitration, trips abroad are becoming more common across various practices. With this rise in travel, however, comes an increased risk of violating the rules of professional conduct and potentially facing a malpractice claim as a result.
Airport security searches in particular may result in inadvertent or forced disclosure of documents and information that are protected by the attorney-client privilege and work product doctrine or are otherwise confidential in nature. Not only has the scope of these searches grown significantly since Sept. 11, 2001, but they remain subject to further expansion as policies on international travel become even more restrictive.
