Electronic Data & The Law Firm's Duty Of Care
Client confidentiality is the bedrock of the attorney-client relationship. The sanctity of this relationship is under siege as cyber criminals, hacktivists, and even nation-states are increasingly targeting law firms. Attackers are well-aware of the sensitive and valuable client data that law firms receive, hold, and transmit. Moreover, it is no secret that most law firms lack adequate cybersecurity defenses. For these reasons, the return on investment for those targeting law firms is high as it takes less effort, compared to other industries such as banks and other financial institutions, to infiltrate law firm networks. This unfortunate reality results in a perfect storm for attorneys as the keeper of client confidences, and yet, lawyers are subject to legal and ethical liability should their client’s confidentiality be compromised by a law firm’s loss of client electronic data.
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