Cybersecurity Safeguard Rules (per ABA)

Cybersecurity Safeguard rules per the ABA (American Bar Association)

• The ABA rules focus on safeguarding client data related to communication, competence, and supervision.
• The rules require lawyers to use competent and reasonable measures to safeguard the confidentiality of client information – this should be communicated with clients regarding a law firm’s use of technology.
• Consent should be garnered from clients when necessary and appropriate with respect to the firm’s use of technology
• Firms should supervise attorneys regarding the use of technology –, both business and personal – to ensure compliance when dealing with confidential client information
• According to the ABA, firms should familiarize themselves with 3 Opinions:
  1. ABA Formal Opinion 477R, “Securing Communication of Protected Client Information” (May 2017)
  2. ABA Formal Opinion 483, “Lawyers’ Obligations After an Electronic Data Breach or Cyberattack” (October 2018)
  3. ABA Formal Opinion 498, “Virtual Practice” (March 2021)

Related Resources:

• BLOG: Recap of Required Cybersecurity Safeguards Per the American Bar Association
• ABA’s Legal Technology Survey Report