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Bar technology panel focuses on protecting clients in the digital age

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Bar technology panel focuses on protecting clients in the digital age

John Stewart Helping Bar members protect client confidences in a digital age — when every day seems to bring a new tale of computer hacking and security breaches — will be the top priority of the Board of Governor’s Technology Committee.

The committee is also continuing its work on the “incubator” program aimed at helping lawyers set up private practices to profitably offer affordable legal services to moderate- and low-income consumers.

Committee Chair John Stewart reported to the board at its December meeting that “there’s no question in the modern technological era Florida lawyers are not doing a competent job in keeping their clients’ secrets, which is probably one of the core values of what we do.

Quote “This is not because of not wanting to or not trying to; it’s because they don’t understand how to do it,” he added.

Stewart said the committee’s top issue will be helping lawyers deal with security threats. Part of that effort will be complying with the recent Florida Data Breach Notification Act, which applies probably to most law firms.

“It requires notifying clients if you have a data breach, and that could be very awkward…and also has other penalties associated with it if you don’t do certain safe harbor provisions,” he said. “The safe harbor provisions are clearly easy to meet and there are issues that we think we need to address, so our lawyers will keep client confidences, which is one of the most important things we do. Once we identify those standards, the Technology Committee will promulgate and. . . provide ample education for Florida lawyers to keep their client confidences going forward.”

Stewart said this will likely be a long-term project. Setting the standards should be reasonably easy, he said, but working out the education programs and the needed technology tools will take more time.

On the incubator program, Stewart said the committee will have a special meeting at the Bar’s Winter Meeting later in January to continue work on that project, with the goal of having a workable recommendation by the summer. The committee kicked off the effort in October at the Bar’s Fall Meeting. (See story in the November 15 Bar News.)

“At the Winter Meeting, the goal is to develop a six-month education program to educate unemployed and underemployed lawyers or those transitioning to private practice from government practice and provide them with the tools available through the Member Benefits Program,” Stewart said.

“They will be able to meet the needs of the underserved at an affordable price point. It’s a model that we’re convinced will work,” he added.

“It will hopefully provide employment opportunities for young lawyers who are not getting work they need and also provide services to people who do not qualify for legal aid and are not getting the service they need. . . and enable lawyers to make money.”

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