Model Rule 1.6(c) stipulates that a lawyer must make reasonable efforts to prevent the disclosure of confidential client information. The comments to Rule 1.6 require lawyers to act competently to safeguard client information, and use reasonable safety precautions when transmitting a client communication. The exact meanings of “reasonable efforts,” “act competently” and “reasonable precautions” may be subject to debate. However, doing nothing certainly won’t meet the standard. The good news is that you don’t have to be a security expert or techie to protect yourself and your office. Half of the battle is simply knowing what questions to ask and it’s not nearly as complicated as it sounds. We’ll cover:
- How to (easily) address computer, smartphone, tablet, email, wireless and document encryption.
- Breach notification laws and how to make sure your firm doesn’t get caught up in them.
- The questions you should ask of your IT support about how your data is being backed up.
- How to establish best practices related to security for your office.
- The Rules of Professional Conduct related to protecting client data – what are your duties and how do you discharge them?
- A list of the inexpensive or free tools that will make sure your confidential information remains confidential.