Client Alert: A Year Later: Privilege, Privacy, and Virtual Practice

On March 10, 2021, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 498, addressing ethical rules implicated by virtual practice. The ABA opinion explains that the Model Rules of Professional Conduct permit virtual practice, defined as “technologically enabled law practice beyond the traditional brick-and-mortar law firm.” However, a lawyer must take steps to ensure that they satisfy their obligations to provide competent representation, to maintain client confidentiality, and to effectively communicate with the client. The ABA opinion tracks with the issues we discussed in our May 2020 article, “Zooming and Attorney-Client Privilege.” In that piece, we examined the use of videoconferencing and the accompanying risks to the privacy of client data and attorney-client privilege. The ABA’s formal opinion provides detailed guidance for a profession “unexpectedly thrust into practicing virtually.”

Click here to read the full alert.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Client Alert: A Year Later: Privilege, Privacy, and Virtual Practice

On March 10, 2021, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 498, addressing ethical rules implicated by virtual practice. The ABA opinion explains that the Model Rules of Professional Conduct permit virtual practice, defined as “technologically enabled law practice beyond the traditional brick-and-mortar law firm.” However, a lawyer must take steps to ensure that they satisfy their obligations to provide competent representation, to maintain client confidentiality, and to effectively communicate with the client. The ABA opinion tracks with the issues we discussed in our May 2020 article, “Zooming and Attorney-Client Privilege.” In that piece, we examined the use of videoconferencing and the accompanying risks to the privacy of client data and attorney-client privilege. The ABA’s formal opinion provides detailed guidance for a profession “unexpectedly thrust into practicing virtually.”

Click here to read the full alert.

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

Event

Associate Steven Arango to Speak at the Veterans' Legal Career Fair

On September 18, Associate Steven Arango will speak on a panel at the Veterans' Legal Career Fair (VLCF), the only legal career fair in the United States dedicated to veterans, active-duty service members, and military spouses.

September 18, 2026

Event

Partner David Greenwald to Speak at PLI Program on Privilege and AI

On August 17, David Greenwald will speak at "Fitting New “Tech” Into the Attorney-Client Privilege and Work Product Protection," a virtual program hosted by the Practising Law Institute (PLI).

August 17, 2026

Publications

In Law360, Trump Debarment Threat Calls for Targeted Defense Plan

Partners Ashley Callen and David Robbins authored an article for Law360 examining how entities should respond when suspension or debarment is threatened directly by the president, rather than initiated through the usual agency-driven process.

August 6, 2026

Publications

"DC Circuit Undercuts Congress's Subpoena Power: Important New Authority for Targets of Congressional Investigations," National Law Journal

In the National Law Journal, Congressional Investigations Co-Chair Emily Loeb, Special Counsel David Manners-Weber, and Associate Kate Mather examine a recent DC Circuit decision that gives fresh weight to 2020 Supreme Court dicta on common-law privileges in congressional investigations.

July 30, 2026