Technology has changed how law firms communicate with their clients, other lawyers, and legal service advisors. Each device used to communicate creates an opportunity for the inadvertent or unauthorized disclosure of information. Therefore, it’s important for lawyers to understand the technological requirements and risks associated with data security in the 21st century.
Model Rules of Professional Conduct
The American Bar Association (ABA) adopted “technology amendments” to the Model Rules in 2012. The amendment requires the lawyer’s obligation to take reasonable measures to prevent inadvertent or unauthorized disclosure of information relating to the representation.
With the amendment, a lawyer may transmit information relating to the representation of a client over the internet without violating the Model Rules of Professional Conduct where the lawyer has undertaken reasonable efforts to prevent inadvertent or unauthorized access. However, a lawyer may be required to take special security precautions to protect against the inadvertent or unauthorized disclosure of client information when required by an agreement with the client or by law, or when the nature of the information requires a higher degree of security.
Data Security Examples in the Legal Industry
So then what exactly counts as a higher degree of security? According to Privafy, a comprehensive data-in-motion infrastructure requires seven critical layers of security functionality. The seven layers are composed of:
- Content inspection for data loss prevention
- Content inspection for inbound malware detection and prevention
- Intrusion detection and prevention
- DDoS and malicious business continuity attack prevention
- Dynamic and intelligent perimeter protection and controls
- End-to-end flow encryption
- Endpoint identity protection & clone proofing
Privafy is an integrated full-stack security solution that protects data-in-motion as well as your network, devices, and cloud applications with the same level of security and protection as if they were working from the office. This means that lawyers using Privafy have undertaken reasonable efforts to prevent inadvertent or unauthorized access, meeting the ABA’s Model Rules.
About LegalBox and Privafy
LegalBox is a powerful, yet simple to use cloud collaboration resource ideally suited for law firms, title companies, insurance companies, and others who need to securely create, share and store critical documents such as trusts, wills, title deeds, insurance, agreements, patents, and other such documents.