Cybersecurity — Optimize Your Approach
Gordon Glover
Emerging technologies are advancing at a rapid pace and continue to transform the legal profession. Recently, we learned that the first-ever AI-powered legal defense was set to take place in a California court and that ChatGPT passed law school exams at the University of Minnesota (ranked as the 21st best law school in the country by U.S. News & World Report). With a growing focus on technology, the number of security threats to lawyers also continue to rise. In fact, ransomware and other cyberattacks are among the most devastating threats to law firms. According to the ABA’s 2021 Cybersecurity Report, 25% of survey respondents to their survey reported that their firms had previously suffered a data breach. The report also showed that many law firms are not using security measures deemed basic by security professionals and are used more frequently in other businesses and professions. This remains the case even when lawyers know that a data breach can have a devastating effect on their firm and clients.
Most lawyers understand their legal and ethical obligation to protect client information — regardless of practice area, firm size, or location. ABA Model Rule 1.6 states that lawyers should “make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” In addition, at the ABA Annual Meeting in August 2014, the ABA adopted a resolution that “encourages all private and public sector organizations to develop, implement, and maintain an appropriate cybersecurity program that complies with applicable ethical and legal obligations and is tailored to the nature and scope of the organization and the data and systems to be protected.” However, what is “an appropriate cybersecurity program” that protects client information? That is the million-dollar question.
As chair of The Florida Bar Board of Governors Technology Committee, I am pleased to introduce this cover feature of The Florida Bar Journal dedicated to cybersecurity. While cybersecurity is ever-changing and new cybersecurity threats surface almost daily, the goal of this issue is to provide some of the basic steps lawyers can take to optimize their cyber-security approach and safeguard the information of their clients. To learn more about cybersecurity and the legal profession, I encourage you to take advantage of the abundant resources provided by The Florida Bar at LegalFuel.com.
