You spent years in law school learning about attorney-client privilege. You’ve built systems to protect confidential communications. Your firm takes client privacy seriously.
But have you looked at what your website is telling Google about your potential clients?
The Confidentiality Problem
When someone visits your law firm’s website, Google Analytics captures:
- Their IP address (can identify them)
- The pages they viewed (“divorce-attorney”, “bankruptcy-lawyer”, “criminal-defense”)
- How long they spent on each page
- Where they came from (maybe a referral from another attorney)
- Their device and location
Now imagine this scenario: A person researching divorce attorneys visits your website before their spouse knows they’re considering divorce. Google now has evidence that this person was researching divorce lawyers. That data exists in Google’s systems, potentially discoverable, potentially part of an advertising profile.
Is that the kind of data handling your profession demands?
Attorney-Client Privilege Starts Before Engagement
Many lawyers think privilege only applies to actual clients. But the duty of confidentiality is broader. The ABA Model Rules say:
“A lawyer shall not reveal information relating to the representation of a client…”
Courts have extended this to cover prospective clients too. Information shared during an initial consultation—including the fact that someone sought legal advice—can be privileged.
When potential clients research your firm online, they’re essentially beginning that consultation process. The topics they research reveal their legal issues. And you’re handing that information to Google.
The Discovery Problem
Here’s what keeps litigators up at night: data you don’t control can be discovered.
In divorce cases, opposing counsel routinely subpoenas:
- Internet search history
- Website visit records
- Advertising profiles
If Google has records showing your prospective client researched divorce attorneys, that data could surface in discovery. Not because you disclosed it—but because your website’s analytics tool created the record.
Your duty to protect confidential information doesn’t have a carve-out for “unless a third-party tracking script recorded it.”
Real-World Scenarios
Scenario 1: Corporate Whistleblower
An employee considering a qui tam action researches whistleblower attorneys. The company monitors employee devices and discovers Google Analytics cookies. Before the whistleblower can file, the company terminates them—and has evidence of their research.
Scenario 2: Criminal Defense Research
Someone researches criminal defense attorneys from their home computer. During prosecution, a warrant for digital records reveals their browsing history, including time spent on your firm’s “white collar defense” page. Prosecutors argue consciousness of guilt.
Scenario 3: The Messy Divorce
A spouse secretly researches divorce attorneys. During discovery, the other side’s forensics expert finds Google Analytics data showing exactly which pages were visited, including “high-net-worth divorce” and “hidden assets.” Settlement negotiations just got more complicated.
In each case, the law firm didn’t intend to create these records. But their analytics tool did.
State Bar Considerations
State bar ethics opinions increasingly address technology and confidentiality. Key principles:
- Lawyers must take reasonable measures to protect client data
- “Reasonable” evolves with technology and available alternatives
- Ignorance of how technology works isn’t a defense
When privacy-first analytics alternatives exist, using Google Analytics becomes harder to justify as “reasonable.”
We’re not aware of bar discipline specifically for analytics tool choice—yet. But the first case is coming. Someone will be made an example.
What Law Firms Should Do
Step 1: Audit Your Current Analytics
Find out what your website is sending to third parties. Open Developer Tools in your browser, load your website, and look at the Network tab. You might be surprised.
Step 2: Evaluate the Necessity
Do you actually need Google Analytics’ full feature set? Most law firms use basic metrics:
- How many visitors?
- Which pages are popular?
- Where does traffic come from?
You don’t need advertising-grade tracking for that.
Step 3: Switch to Privacy-First Analytics
Zero Trust Analytics gives you the insights you need without the liability:
- No IP addresses stored - We hash them immediately
- No cookies - Nothing to track across sessions
- No third-party data sharing - Your data stays yours
- No confidentiality concerns - We have nothing to disclose
Your website analytics shouldn’t create discoverable records about prospective clients.
Step 4: Update Your Privacy Policy
While you’re at it, review your website’s privacy policy. Does it accurately describe your data practices? Many law firm websites have boilerplate privacy policies that don’t reflect reality.
The Professional Responsibility Argument
Beyond risk management, there’s a professional responsibility argument for privacy-first analytics.
Lawyers are supposed to be trusted advisors. We tell clients to be careful with their data. We draft privacy policies for businesses. We advise on data protection compliance.
What message does it send when our own websites use aggressive tracking tools?
Practicing what we preach isn’t just good ethics—it’s good marketing. Clients notice when you take privacy seriously.
Protect prospective client confidentiality with privacy-first analytics. Start your free trial - because attorney-client privilege shouldn’t have a Google-sized hole.