Attorneys have duties to maintain confidentiality of client, adversary and employee data.
Attorneys have not only an ethical duty to keep their client’s data confidential, but also a duty to keep abreast of the latest resources (technology) available to do so. Attorneys are further ethically required to notify clients of a data breach that compromises clients’ data. As employers, law firms also have a common law duty to anticipate foreseeable cybersecurity risks and to take “reasonable measures” to prevent the same. Law firms also have a duty to destroy materials that contain client data and personal information in a secure manner when they are no longer needed.
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