July 2017 update
Inmate phone services at CCA-Leavenworth (CoreCivic) are now provided through IC Solutions rather than Securus. CCA officials have assured the Kansas Federal Defender Office that all attorney phone numbers previously provided to CCA have been transferred to IC Solutions and that inmate calls to those numbers will not be monitored or recorded. Confirming that your phone number(s) have been marked as confidential in the IC Solutions system, however, would be prudent. Feel free to use the following language for this purpose. Please also keep a copy of your email and the return confirmation email, for your records.
I am a licensed attorney who sometimes represents clients housed in your facility. I previously provided the following phone numbers to CCA with a notice that all inmate calls to these numbers are privileged and should not be recorded or monitored. Please confirm that this number [these numbers] have been provided to IC Solutions and that calls to these numbers will not be monitored or recorded.
[List phone numbers with area codes]
Thank you for your cooperation.
Bar No. 12345
Law Firm Name
This does not address problems caused by CCA's inconsistent and contradictory instructions to clients about placing confidential calls to counsel. However, it is a good first step in protecting the confidentiality of calls from your CCA clients.
In light of what we have learned from this litigation, we recommend the following measures to protect the confidentiality of your attorney-client communications:
Calls from client cells or pods or other common areas to a law office. Assume that you must affirmatively opt out of recording at each location in advance of receiving any phone calls to protect calls to your office’s phone number, your cellphone number, and any other number at which you take calls from clients. See link below for a sample opt-out letter and location contacts. Otherwise, these calls will be recorded. Please note that some attorneys have in the past opted out and yet their calls were still recorded. Proceed at your own risk, and save your requests for confidentiality and confirmation that calls will not be recorded to document your efforts.
Calls to or from a counselor’s office. Assume that all calls to or from a counselor’s office are, at the very least, monitored by the counselor (and therefore any right to confidentiality in at least the client’s end of the calls may be deemed waived).
Visits with clients. According to the Marshal and Judge Robinson, all federal detention facilities housing federal defendants charged in Kansas have either removed cameras from their visitation areas (CCA) or have arranged to shroud the cameras during attorney-client visits (unknown).