In light of the threats facing law firms by hackers, there was a large focus on a lawyer’s duty in keeping abreast of best practices in IT security and how to best protect client data. The panelists cited the following ABA model rules as an indication that lawyers, at both big and small firms, have a duty to be vigilant in protecting client data and their IT infrastructures from hackers:

  • ABA Model Rule 1.6(c) – A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to,information relating to the representation of a client.
  • ABA Model Rule 1.1 – A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
  • ABA Model Rule 1.15 – … property shall be identified as such and appropriately safeguarded. Complete records of such account funds and other property shall be kept by the lawyer and shall be preserved for a period of [five years] after termination of the representation.

Read the full article: