December 20, 2018 Feature

Privacy in the Digital World

By Jessica T. Ornsby

Data security should be front of mind for all attorneys, including sole practitioners and lawyers in small firms. Not only is it good business, but it is also impliedly mandated that all attorneys do so. As we all know, ABA Model Rule of Professional Conduct 1.6 prohibits attorneys from sharing client confidences. Subsection C of the Rule extends that responsibility a bit further by requiring attorneys to also prevent “inadvertent” disclosures of client information. Arguably the duty to protect against inadvertent disclosures extends to protecting clients’ information against potential security breaches. This makes data privacy solutions an important aspect of every attorney’s practice. When you are running a small shop, “data security” can seem burdensome and expensive, but in reality, taking the necessary precautions to protect data can be a lot less expensive than you may think.

Protecting client data extends beyond firewalls and passwords.

Protecting client data extends beyond firewalls and passwords.

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