Cybersecurity Ethics are Changing the Practice of Law

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Attorneys have a duty to be tech smart.

Do you know the difference between “regular” ethics and cybersecurity ethics?

If not, you’ve come to the right place.

Regular ethics can be found in the Rules of Professional Conduct and ethics rulings in the state where you practice. Cybersecurity ethics are sometimes found there as well. For example, most states have amended their RPCS to include a requirement that attorneys must maintain technological competence as well as procedural and substantive competence.

ABA Model Rule of Professional Conduct 1.1(8) Competence: “To maintain knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.”

But cybersecurity ethics are a moving target. They are not written in stone. Instead, they’re evolving daily in response to pandemic pressures, working from home, and a spike in cyber threats.

“Together, these rules require attorneys, when using technology, to 1) employ competent and reasonable measures to safeguard the confidentiality of information relating to clients, 2) communicate with clients about the attorneys’ use of technology and obtain informed consent from clients when appropriate, and 3) to supervise subordinate attorneys, law firm staff, and service providers to make sure that they comply with these duties,” writes attorney and cybersecurity consultant David Ries.

Learn Cybersecurity Ethics from a master! Join us on June 29 for the free CLE webinar “Cybersecurity Ethics: Safeguarding Client Data in Today’s Emerging Hybrid Practice.” You’ll receive an insider’s tour of the American Bar Association’s annual TechReport, which covers everything from spearphishing to spam filters. Join us on June 29. Register here.

An Insider’s Tour of the 2021 ABA Legal Technology Report

At “Cybersecurity Ethics: Safeguarding Client Data in Today’s Emerging Hybrid Practice,” you’ll learn how small firms are using technology to stay safe, successful and competitive. David G. Ries, a contributing author of the 2021 TechReport and a long-time expert in law office cybersecurity, will draw on his cyber expertise and drill down into the TechReport to extract valuable pointers for your practice.

  • See how legal ethics are evolving to meet the demands of the new normal.
  • Discover the 10 Basic Cyber Safeguards and 3 Bad Cybersecurity Practices to avoid at all costs.
  • Learn about four ABA ethics opinions thatcan save your law license.
  • See why a simple Cybersecurity Program is imperative for your firm.
  • Understand theethical do’s and don’ts of working from home.

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