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Your friend is right. Essentially, if you have work on your personal phone, all of your personal data is potentially subject to discovery if you or the firm gets sued. I have no idea why people wouldn't do two phones with that on the table.
Pro
Because everything is in the cloud and nothing is actually on your device and so nothing is actually discoverable from your phone... Welcome to 2025.
In my experience, law firm security teams always recommend having 2 phones, but in practice, I had one of those same security folks tell me that only about 5% of lawyers in that particular firm do so.
When I started practicing (before the iPhone was invented, ahem) everyone had a phone and a blackberry. Once the iPhone came out and firms started supporting it, most lawyers switched to just one device, be it iPhone or android.
I had one device until the pandemic when I really didn’t like clients or colleagues calling my personal cell number. I’ve had 2 phones since, and the only real pita to me is keeping 2 separate calendars.
I think there’s just kind of a line. If it’s only people from your own firm calling you on your cell not a big deal. If you do or are expected to give it out outside the firm, then get a work phone.
I used to have a work profile on my personal phone and liked it. Then I went to a firm that offered a separate device. This helps so much. I get separation of my work and personal life. Also, spam calls come in all the time and I don't need to guess if my calls are work or personal related. I was also told that they can wipe your phone if it gets lost or stolen, which sucks. I hate carrying 2 phones, but that's the only downside.
If you're dealing with big-risk litigation where eDiscovey could include your communications, keep a separate phone! I have not only known attorneys who had to turn over their Blackberries (Enron), or been on the eDiscovery side of having to read thousands of emails, texts, messages, some VERY private, just to determine if those communications were responsive to production requests. Im talking abput strangers reading communications and looking at private pictures just to see if it MIGHT be related to a given case. If you use personal accounts on work property, of you use personal devices for work communications, you expose the ENTIRE account or device to that litigation! Don't do it!
I have always carried two separate phones. My firm gives an allowance towards the phone bill. Years ago I read about a case in which attorneys’ phones were seized in a case. They used one phone for both personal and work. I also follow what the IT department does. They all have two phones, one for business and one for personal use. On the weekends, I will check my business cell a few times a day but I don’t carry it with me.
Yup, sad that these things cross our minds but I get it.
F
F, my firm does this, too. We get $50/month
Thank you for the responses!