Legal Technology Security Guide
of law firms experienced a security breach in 2023
average cost of a data breach for professional services
of breaches involve client confidential information
Common Security Threats
Email Attacks
Phishing, malware, and unauthorized access to client communications
Prevention Strategies:
- Use encrypted email services for sensitive communications
- Enable two-factor authentication on all email accounts
- Train staff to recognize phishing attempts
- Never click suspicious links or download unknown attachments
Data Breaches
Unauthorized access to client files and sensitive legal information
Prevention Strategies:
- Implement strong access controls and user permissions
- Use endpoint detection and response (EDR) software
- Regularly update all software and operating systems
- Conduct periodic security audits and penetration testing
Mobile Device Risks
Lost or stolen devices containing client information
Prevention Strategies:
- Enable device encryption and remote wipe capabilities
- Use mobile device management (MDM) solutions
- Require strong passwords or biometric authentication
- Prohibit client data storage on personal devices
Cloud Storage Vulnerabilities
Inadequate protection of client data in cloud services
Prevention Strategies:
- Use only ABA-approved cloud storage providers
- Enable encryption for data at rest and in transit
- Implement proper access controls and sharing permissions
- Review cloud provider security certifications regularly
Essential Security Implementation Checklist
Network and System Security:
- Firewall protection on all networks
- Anti-virus and anti-malware software
- Automatic security updates enabled
- VPN for remote access
- Regular security audits and assessments
Data Protection:
- Full disk encryption on all devices
- Encrypted email for sensitive communications
- Secure cloud storage with encryption
- Regular data backups with testing
- Secure document destruction procedures
Ethical and Compliance Requirements
ABA Model Rule 1.6
Confidentiality of Information
Technology Requirement: Implement reasonable security measures to protect client information from unauthorized disclosure.
ABA Model Rule 1.1
Competence
Technology Requirement: Attorneys must understand technology risks and benefits to provide competent representation.
ABA Model Rule 5.3
Responsibilities Regarding Nonlawyer Assistants
Technology Requirement: Ensure staff and vendors handling client data follow proper security protocols.
State Bar Variations
Additional Requirements
Technology Requirement: Some states have specific encryption requirements or cloud storage restrictions.
Security Incident Response Plan
- • Disconnect affected systems from network
- • Document the incident and preserve evidence
- • Contact IT support or cybersecurity professional
- • Notify key stakeholders and partners
- • Assess scope and impact of the breach
- • Implement containment measures
- • Begin forensic investigation
- • Contact professional liability insurance carrier
- • Notify affected clients as required by law
- • Contact state bar if client confidentiality compromised
- • Report to law enforcement if criminal activity suspected
- • Begin system recovery and restoration
Recommended Security Tools and Services
Essential Tools:
- • Email Security: Microsoft 365 with Advanced Threat Protection
- • Endpoint Protection: CrowdStrike, SentinelOne, or similar EDR
- • Password Management: LastPass, 1Password, or Bitwarden
- • Backup Solutions: Carbonite, Mozy, or CrashPlan for Business
- • Encryption: AxCrypt or VeraCrypt for file encryption
Professional Services:
- • Cybersecurity assessments and penetration testing
- • Managed security services for ongoing monitoring
- • Legal technology consultants specializing in law firms
- • Incident response and forensic investigation services
- • Security awareness training for law firm staff