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By now most of us are familiar with the huge Anthem data breach. Hackers broke into the system and are using client sensitive information to gain a financial advantage. As more data breaches come to light each year, many attorneys still believe it will never happen to them and do not take the necessary precautions.Security

Attorneys store tons of client confidential information such as medical information, social security numbers, and company trade secrets. Unlike Anthem, attorneys can’t necessarily bounce back as easily from a breach.

The ABA not only requires lawyers to be competent users of new technology, but also requires lawyers to take reasonable safeguards to protect client confidentiality. Failing to take reasonable measures may be a breach of your ethical duties as a lawyer and could lead to your disbarment.

Lawyers are not always technology savvy. Many lawyers rely solely on a software program to provide security. Unfortunately, this is probably not enough. As digital security expert Bruce Schneier stated in his bestselling book Secrets and Lies: Digital Security in a Networked World, “If you think technology can solve your security problems, then you don’t understand the problems and you don’t understand the technology.”

What should attorneys do?

  1. Stay abreast of new security technology advancements or hire someone who can monitor security for you.
  1. Identify what information you have that needs to be protected.
  1. Use security software, passwords, and encryption to protect the information.
  1. Train your employees on security awareness and safe Internet practices.
  1. Schedule routine updates and reviews of the security policies and programs.

Digital security is no longer just for people in IT, it is for all people in possession of sensitive information, especially an attorney.

For more information from the ABA about your ethical duty, click here.