According to a recent report by Coalition, a leading cyber security firm, ransomware attacks against its clients are up upwards of 260% during the initial six-month period of 2020.
As a result, law firms must take action to protect confidential information. Lawyers are required by ethics rules to protect confidential client information. American Bar Association Model Rule 1.6(c) states “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.”
Additionally, the comment to Florida Rule 4-1.1 states “competent representation may also involve the association or retention of a non-lawyer advisor of established technological competence in the field in question. Competent representation also involves the safeguarding of confidential information relating to the representation including, but not limited to, electronic transmissions and communications.”
Cyber security experts and insurance companies are recommending that law firms upgrade their cyber security infrastructure. Frank Gilman, a consultant with Vertex Advisors, has recently stated “I would urge every firm out there to double or triple their previous efforts toward cyber risk mitigation” and further suggests . . . “firms should operate on ‘the principle of least privilege,’ meaning that only the minimum necessary access should be granted to perform routine, authorized activities.’”
As cyber security incidents are becoming increasingly prevalent, it is imperative that law firms take all necessary steps to protect client information.
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