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: Ride the Lightning: Electronic EvidenceWhat is "Reasonable" for a Law Firm With Respect to Protecting Client Data?
Inadvertent disclosures (and data breaches) are inevitable for law firms - we just have too much data to manage all of it well. Thank heavens the ABA's Commission on Ethics 20/20 revised draft proposals are really very practical.
The proposal revision of Model Rule 1.6 says that ?a lawyer shall make reasonable efforts to prevent the unintended disclosure of, or unauthorized access to, information relating to the representation of a client.
The factors to be considered in determining the reasonableness of the lawyer?s efforts are:
- The sensitivity of the information
- The likelihood of disclosure if additional safeguards are not employed
- The cost of employing additional safeguards
- The difficulty of implementing the safeguards
- The extent to which the safeguards adversely affect the lawyer?s ability to represent clients
Mere disclosure, by itself, does not trigger discipline. How will we determine what is reasonable? I think it will very likely be based on the size (and therefore presumed relative sophistication and resources) of the law firm. And that should make the smaller firms breathe a little easier, but they still need to fall within the definition of "reasonable," a definition that will emerge only over time.
E-mail: snelson@senseient.com Phone: 703-359-0700
http://twitter.com/sharonnelsonesq
Full post as published by Ride the Lightning: Electronic Evidence on February 27, 2012 (boomark / email).
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Law firms deal with some of the most confidential and sensitive data in society and yet so many of them have such lax policies on information security. There are some simple things you can do to dramatically improve your information security and they don?t require you to purchase expensive gear...
BLT: "Three D.C. Lawyers Accused of Stealing Client Data Before Opening Own Shop"
BLT: Three D.C. Lawyers Accused of Stealing Client Data Before Opening Own Shop: An Alabama law firm has accused three of its former Washington-office attorneys of stealing confidential client information from the firm and using it to establish a competing firm with poached clients, according to a complaint in the U...
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Adapt or Get out of the Way: Standards to Protect Client Property/Confidentiality Change
Last week during a guest lecture on virtual law practice at the University of Dayton School of Law, the subject of protecting client property and confidentiality of client data in electronic communications came up again...
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