Data Protection, Security & Legal Ethics (Update)

It was once a poorly kept secret that hackers routinely target law firms. This fact is rather difficult to miss nowadays. Moreover, the threats to the confidential data kept and used by attorneys and law firms are always evolving. These include sophisticated – and sometimes not so sophisticated – electronic attacks, lost and stolen devices, an endless variety of tricks and scams, and even simple attorney (and employee) errors. Any of these can lead to serious consequences for attorneys and firms alike.

In 2012 the American Bar Association amended a number of the Model Rules of Professional Conduct to address the increasing use of technology in legal practice and the ongoing need to safeguard client and firm data. Attorney and information security consultant Scott Aurnou discusses the amended Rules, subsequent ABA Formal Opinions clarifying the Rules' application in practice, as well as the basic steps needed to comply with the Rules. This will include measures to secure the confidential client and firm data on your firm's computer network, individual computers, and mobile devices.

Learning Objectives:

1. Address ethical obligations under the ABA Model Rules related to technology and attorney competence, data confidentiality and the use of outside services
2. Identify the wide array of electronic threats facing attorneys
3. Take the essential steps involved in safeguarding a modern law firm computer networks, computers, and mobile devices
4. Discuss the methods hackers use to trick people and how to avoid becoming a victim
5. Establish the basic steps needed to prepare for and respond to a security incident