Thank you for sharing!

Your article was successfully shared with the contacts you provided.
cybersecurityYour firm’s computer network has been hacked and client data either exposed or likely exposed. What’s a law firm to do? The legal and regulatory reporting obligations are numerous, complex and are ignored at the firm’s peril, but ABA Formal Ethics Opinion No. 483 reminds lawyers that there are also independent ethical obligations triggered when a cyber-attack compromises confidential client information or incapacitates a law firm’s computers or network.

First and foremost, the duty of competence (Model Rule 1.1) “require[s] lawyers to understand technologies that are being used to deliver legal services to their clients … [and lawyers] must use and maintain those technologies in a manner that will reasonably safeguard property and information that has been entrusted to the lawyer.” (This obligation is discussed in depth in ABA Formal Ethics Opinion No. 477R (May 22, 2017) (Securing Communication of Protected Client Information).) Model Rules 5.1 and 5.3 impose an “obligation to safeguard and monitor the security of electronically stored client property and information.”

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.