Lawyers Should Avoid Using Work Computers For Personal Tasks

Lawyers are often expected to spend an inordinate amount of time at work billing hours and completing other work-related tasks. As a result, it might be easier for lawyers to use work computers to complete personal tasks like paying for bills and sending personal emails. However, lawyers should try to minimize the amount of personal matters they handle on work computers, since attorneys may reveal personal information to bosses by using work devices and may be separated from work computers on a moment’s notice.

One time, earlier in my career, I was completing a project that required me to go through files that were stored on the computer of a coworker who departed the firm. While completing this project, I came across personal files of the former coworker. This included family photos and other similar items, which were pretty innocuous.

However, I also came across this person’s tax returns, which included some very sensitive information. I am not entirely sure how this coworker’s tax returns ended up on this work computer; either the coworker used the computer to complete her taxes, or she downloaded the tax returns onto the computer for some reason. Of course, I quickly exited the file when I realized what I was seeing, but other individuals who had access to this information might have used it for a variety of bad reasons.

Another reason why lawyers should be cautious about using work devices for personal tasks is that managers might be able to access those work computers and see sensitive information stored on such devices. As discussed in a previous article, workplace monitoring is common at many law firms. I worked at firms at which coworkers reported that managers were using tracking software to track productivity and how much time was spent at computers completing tasks. One former colleague claimed he had firsthand knowledge that a manager was using a keystroke recorder that was able to see all of the typing done on a computer.

If such workplace monitoring tools are used at a given firm, managers can have access to personal information if lawyers use devices to complete personal tasks. In addition, it might not be prudent to use work computers to send personal communications since this might reveal sensitive information that lawyers may not want to share with managers.

Another point against using work computers for personal matters is that lawyers can be separated from work devices on short notice. It is not uncommon for lawyers to immediately forfeit their work devices upon being terminated since managers want to avoid a situation in which a former employee hurts ongoing projects. When I was an associate at a Biglaw shop, I used my work computer to help edit an academic article I was publishing. I figured managers would not get too upset if they found out I used a work device for this purpose since this publication would presumably boost the profile of the firm.

When I was separated from the firm, I immediately lost access to the drafts of the article that I had saved on the work computer. Fortunately, I knew that this might happen, and had earlier emailed myself copies of the latest drafts so they would not be lost if I was separated from my employer.  However, lawyers with less foresight could lose substantial amounts of work if they are separated from a work device that includes personal projects.

In any case, lawyers should act like everything they do on a work device will be reviewed by managers, since there is a good chance that monitoring software is being used at any given firm. Lawyers should also avoid using work computers for personal tasks so they do not need to start from scratch if they are ever separated from a work device on short notice.

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Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothman.law.