Cyber Security, Risk & Legal Ethics

Law firms are often viewed as excellent targets for a variety of electronic-based attacks. These threats to the confidential data kept and used by attorneys and law firms are always evolving, as recent ransomware, supply chain and in-memory attacks can attest. Threats to lawyers and law firms are sometimes sophisticated, sometimes less so, and include electronic attacks, lost and stolen devices, an endless assortment of tricks and scams, and even simple attorney (and employee) errors. Any of these can result in serious consequences for attorneys and firms alike.

Underpinning the business imperative to address growing cyber security risks are the American Bar Association's 2012 amendments to a number of the Model Rules of Professional Conduct. These changes spell out lawyers' obligations with respect to the pervasive use of technology in legal practice and the enduring need to protect client and firm data. Attorney and cyber security consultant Scott Aurnou discuss the amended Rules, subsequent ABA Formal Opinions clarifying the Rules' application in practice, as well as essential steps needed to comply with the Rules. This will include measures to reduce the risk to confidential client and firm data in the cloud, as well as on your firm's computer network, individual computers, and mobile devices.

Learning Objectives:

1. Review attorneys' ethical obligations under the ABA Model Rules related to technology and attorney competence, data confidentiality, and the use of outside services

2. Discuss the ever-expanding array of electronic threats facing attorneys

3. Identify essential strategies and measures used to protect modern law firm computer networks, computers, and mobile devices from electronic threats

4. Recognize schemes and tactics hackers use to trick people and infiltrate systems and learn how to avoid becoming a victim

5. Implement essential steps to prepare for and respond to a security incident