Secure Communication of Protected Client Information

The 2017 ABA Ethics Opinion 477: ‘Securing Communication of Protected Client Information’ establishes a heightened standard of care for attorneys when performing their ethical duty to keep client communications confidential. The ABA Model Ethics Rule 1.6 states that “[a] lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” A lawyer generally 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.

 


How We Help

Allegro Insights can help law firms of any size implement reasonable security measures to protect client information. Our approach is to first help attorneys understand the nature of the threat. We work with you to understand how your client confidential information is transmitted and where it is stored and then help recommend and implement reasonable electronic security measures to protect and label client confidential information. We can conduct due diligence on vendors providing communication technology and also provide tailored training to lawyers and non-lawyer assistants in technology and information security.

Find out more how we can put our insights to work for you:

  • ABA Model Ethics Rule 1.6 assessment
  • Signature Risk Assessment
  • Vulnerability assessment
  • Payment Card Industry Data Security Standard (PCI DSS) compliance solutions
  • Disaster recovery planning
  • Cyber crisis preparedness