JDs Rising

A week or so ago, I was on my daily commute home on the DC Metro.  It was a full train, so I and many others were standing.  I was looking around the car as my usual curious self does, checking out who is reading what or who is listening to which artist, and then there it was in all caps: “PRIVATE – PRIVILEGED – ATTORNEY CLIENT COMMUNICATION – WORK PRODUCT” at the top of a page sitting right in front of me.

I knew enough to turn away, although in the few seconds of glancing and then the ’did I just see that?’ moment, I was able to glean a little.  I’m guessing other riders on the car didn’t know that the legal equivalent for “KEEP OUT” meant they shouldn’t read it either.  The very experienced attorney, he just kept reading, with it out in front of everyone.

In our ever-increasingly transient lives, it is important to keep in mind a few basics.  Whether you are meeting a client at a coffee shop, reviewing notes over your lunch, on a bus to work, or so important that you must read that secret client memo on a crowded train, keeping clients’ secrets secret is something to never forget.

As law students this basic message is repeated over and over, but in life it can be very easy to overlook the basics.  If you need a refresher, the rule is in MRPC 1.6.  Time is money to an attorney, but the few seconds it takes to survey the scene to ensure that private client matters remain private is well worth it.  At the very least, you won’t become the subject of a JDs Rising post.