Jared Correia  of LOMAP posted some important factors attorneys should consider in response to a question he frequently gets: Should solos use a smartphone as their primary telephone? He pointed out a number of concerns that the lawyer should address, including the ability to “wipe” a lost or stolen phone, and Plan B for practical issues such as dead zones and dead batteries, for a mobile lawyer.

I would like to add another security issue that should be taken into account. All lawyers, including those who also have a regular land line at the office, should give some thought to this. More and more issues are surfacing about apps having unexpected access to data stored on or transmitted by smartphones. Today the Washington Post reported that “Sen. Chuck Schumer (D-N.Y.) has called on the FTC to investigate Apple and Google after reports that smartphone and tablet apps could pick up more data from consumer’s phones than they realize.”

Last fall HTC Android phones were reported to have security flaws that would expose access through some apps to email addresses, call logs, GPS information and other data on the smartphones. Gizmodo posted a video showing hidden spyware on Android and Apple smartphones that you can’t really get rid of, capturing phone numbers dialed, text messages, internet searches, location data, etc., including information that is supposed to be encrypted.

Add to that the Google privacy policy instituted on March 1, 2012 in which Google stated that it will now merge data it gathers from various sources. Google will combine info from Gmail with Google and YouTube  searches and Google+ posts, and more. It will have a very robust picture of users of Google products, some of which products are tied into Android smartphones.

Maybe you’re telling yourself that people are just “getting their knickers in a twist” over nothing.  Merchandisers already gather information about your shopping and browsing habits, but it hasn’t been a problem, right?  Consider the complaints to Target by a father of a teenage shopper when Target started mailing her coupons for baby products. It turned out that Target had surmised something Dad didn’t know yet…that his daughter was pregnant.

If the only phone you have is a smartphone, do you have a Plan B for the highly sensitive client matters that may come your way?