I believe my computer system has been hacked or breached. What are my obligations in terms of telling my clients?
The starting point for the answer is found in Rule of Professional Conduct 1.4 titled “Communications.” Under Rule 1.4(a)(3), a lawyer has to keep a client reasonably informed about the status of the case. Then under Rule 1.4(b)(2), one has to reasonably consult with a client about objectives. Obviously, a breach of data or infringement on the confidentiality of the attorney-client relationship is a major issue and the client has to be consulted. The lawyer is then going to have some obligations to repair the damage and make sure this doesn’t happen again pursuant to the requirement in Rule 1.1, the Competence Rule. Apparently, this issue of hacking is happening frequently since the American Bar Association issued on Oct. 17, Formal Opinion 483 talking about what the lawyer’s duties are when there is a breach of data or some kind of hacking or computer attack.
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