Technology has changed how law firms communicate with their clients, other lawyers, and legal service advisors. Each device used to communicate creates an opportunity for the inadvertent or unauthorized disclosure of information. Legal professionals are targets for two main reasons; 1) They receive, store, and use extremely sensitive information about their clients, sometimes using safeguards to protect that information that are inferior to those used by the client, and 2) Because the information in their possession is more likely to be of a sensitive nature, it is more likely to be of interest to a hacker. Therefore, it’s important for lawyers to understand the technological requirements and risks associated with data security in the 21st century.
Model Rules of Professional Conduct
The American Bar Association (ABA) adopted “technology amendments” to the Model Rules in 2012. The amendment requires the lawyer’s obligation to take reasonable measures to prevent inadvertent or unauthorized disclosure of information relating to the representation.
With the amendment, a lawyer may transmit information relating to the representation of a client over the internet without violating the Model Rules of Professional Conduct where the lawyer has undertaken reasonable efforts to prevent inadvertent or unauthorized access. However, a lawyer may be required to take special security precautions to protect against the inadvertent or unauthorized disclosure of client information when required by an agreement with the client or by law, or when the nature of the information requires a higher degree of security.
Data Security in The Legal Industry
So, then what exactly counts as a higher degree of security? According to industry experts, lawyers can implement a few simple best practices to make sure they protect client information:
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