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CHAPTER 4
THE IMPACT OF COVID-19 ON LEGAL PRACTITIONERS
Legal Practitioners’ Primary Concerns Attorney-Client Privilege (Confidentiality)
First and foremost, the preoccupation of legal practi- tioners is attorney-client interaction and preserving the confidentiality of communications. This issue can be a challenge in the “AC” era for clients who wish to remain at home and do not feel comfortable with vid- eo-conferencing as a means of speaking with their attor- neys. The likelihood that someone may walk in the room or overhear a conversation can interfere with the client’s ability to speak freely. Therefore, family members and others who may be present in the client’s home or in the attorney’s office/workspace must be notified of the im- pending attorney-client conference, the time and duration of the interaction, and the need for privacy. All communi- cations between the client, the attorney, and third parties must cease during that period of time, in consideration of the client’s right to privacy. (The client is the “holder” of the attorney-client privilege, which means that he or she rightfully claims the privilege, not the attorney.)
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