4 Types of Data Law Firms Must Protect

By now we all should have realized that cyber-related risks are not going to disappear. Technology is here to stay and so are risks associated with using technology. Data breaches, ransomware and phishing attacks are a daily occurrence and constitute some of the risks of using technology.   

But don’t despair. We face and manage risks in our everyday activities such as riding in cars. Rather than avoid transportation, we wear our seatbelts and follow traffic laws to reduce the risks associated with riding in cars. Risks associated with technology can be reduced in the same manner; apply safety features and follow the rules.

A law firm’s exposure to risk depends on the type of data processed and stored by the firm. It also depends on the type of technology the firm uses.

Lawyers have obligations to maintain confidentiality, competence, and safe-keep information belonging to clients. Information subject to lawyers’ obligations should be protected. Depending on the lawyer’s practice area, the law firm may also handle medical records, financial information, and other personal information subject to regulation. Consider whether or not you handle information that falls into a regulated category, and learn the regulatory requirements for treatment of such information.

Essentially you can categorize information as follows:

1.       Confidential

2.       Privileged

3.       Client Property

4.       Regulated

Not all information is created equal. If the information does not fall into one of the above categories, it might not require as much security. For example, it is unlikely you need to stash your news subscription password in a secret vault. 

Once you identify which information requires protection, you must apply the appropriate security measures. To do so, you need to understand the technology you are using and how to secure it.

For instance, the door to your office has a lock and maybe a security code as the chosen security measures. Tape would not work. It also unlikely that a “do not enter” sign would keep people out. Much like you understand the various methods of securing a door, you should understand the various methods of securing technology. How do you secure cloud access? How do you secure email? Think about where you store data that fits into one of the 4 categories mentioned above. After you identify the location of your data, consider each access point. Can you access your email from only one laptop? Or can you access email by logging in from a browser on any device? How do you access your data?

For each access point, research different security measures. Find the appropriate locks and know that there are people and resources out there who can help you properly protect your data.

Why Lawyers Should Adapt to Technology & How

Lawyers must adapt to technology. The saying “if it’s not broke, then don’t fix it” does not apply to technology. Ethical obligations and client demand are driving forces that demand lawyers adapt to technology.

The Professional Rules of Responsibility require lawyers to be competent, maintain confidentiality. Lawyers have a duty to understand the technology available to help clients. and are expected to use technological advances to zealously advocate for clients. 

Clients are using technology. They expect the lawyers to integrate almost as effortless as the rest of the world. Clients also understand cyber risk. Small to large companies face cyber liability. These clients expect the lawyers to understand these challenges just as well as they understand other civil and criminal liability. If a company is using a computer, it is highly likely they are exposed to cyber liability.

If you understand the need to adapt, you may be wondering how to adapt. I suggest approaching technology like any other lifestyle change. Slowly introducing new technology to your daily life, while reading the news. There is a plethora of information out there about technology and cyber liability. Join the conversation; subscribe. If you need more guidance, reach out to a technology organization. The Texas State bar and the American Bar Association have special interest groups that cater to technology and law. Check online videos for how-to’s. Ask members of your local bar for help.

You don’t want to be left behind.     

Online Dispute Resolution

Many disputes are resolved outside of the court room in formal or casual mediation, arbitration, or other alternative methods of resolution. Moving the dispute resolution process online seems like a natural progression, but it almost feels too convenient.  The first image that comes to mind is a cheesy chat room of sorts with pop-ups that say “click here to chat live for help”.  While I am a huge advocate of utilizing technology to promote efficiency, I still miss the face-to-face contact.  Solving disputes without the intimacy of meeting takes something away and sort of de-humanizes the situation. “Humanizing” the dispute is extremely important to reaching a resolution. It is a lot easier to say “no” when you are not staring into the eyes of someone sitting across from you.

Online dispute resolution caught my eye because not only will it inevitably use the cloud for collaborations and meetings, but it is also a practical venue to consider for cloud disputes.   

Currently, online dispute resolution (ODR) is permitted only for issues surrounding the sale of goods using the ODR platform.  The more I learned about ODR, the more I liked the idea.  I’m a sucker for convenience and the thought that someone who didn’t receive the goods that they paid for or didn’t receive payment, etc. could use the ODR platform to easily begin processing a claim with a demand. 

ODR is new and worth looking into as a platform for alternative dispute resolution. I imagine it will be substantially more affordable than existing dispute resolution such as litigation. It will be interesting to see if other areas of law turn to ODR. 

Besides, it is exciting to see the four walls of the office break down as the world becomes even more accessible from the beach. Maybe disagreements would be resolved if more people were working with a view and logging in remote to settle conflicts. At the very least, why not make a stop at ODR before airing the laundry in court.