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Cybersecurity & Ethics for Lawyers in Plain English 2022 - 6 CLE / 6 E

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Cybersecurity & Ethics for Lawyers in Plain English:

Using Technology to Avoid Malpractice & Practice Ethically

6 CLE / 6 E


Cybersecurity & Ethical Pitfalls of Everyday Law Office Computing

Practicing anywhere at any time is no longer just a dream for lawyers, it’s a reality. Under Model Rule 1.6 lawyers must take reasonable precautions to protect client info and data that is in their custody. We will discuss the ethical and malpractice pitfalls of mobile, cloud, and general everyday law office computing. We will learn about cloud storage options and address how to safely store documents and client and law firm data with cloud storage options like Dropbox, Box & OneDrive.We will finally discuss security vulnerabilities related to documents, emails and metadata associated with those files. We will also discuss how to properly delete client data, assign passwords, and dispose of computer equipment while protecting client privacy. (Model Rule 1.1, Rule 1.6, Rule 5.3)

Centralizing and Securing Your Documents

Rule 1.6 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. Learn how to centralize your firm and client data so you can properly govern and secure everything. Whether you access documents from a computer, laptop, or a mobile device, we’ll cover all the bases on how to do it safely and securely. We'll also cover the fundamentals of backing up your electronic data. Half of the battle is simply knowing what questions to ask and it's not nearly as complicated as it sounds. Establish best practices in your office that will make sure your confidential information remains confidential. (Model Rule 1.1, Rule 1.15, Rule 1.4, Rule 1.6)

Creating Your Firm’s Cybersecurity & Disaster Avoidance Policy

Written Information Security Programs (WISPs) are becoming essential in many states that have enacted data protection and business shield legislation. Many cybersecurity insurance carriers covering lawyers are starting to require WISPs. Setting aside legislative and insurance requirements, under the Rules of Professional Conduct, lawyers still must implement safe technologies and processes to safeguard client confidential data. This is a very practical session where you will learn the essential elements of a Written Information Security Program. In this session, we will cover ransomware attacks, phishing schemes, cloud computing, mobile device management, full disk encryption, secure document management, shadow-IT, two-factor authentication, password management, VPNs, anti-virus, backup, and law office support staff education. (Model Rule 1.1, Rule 1.15, Rule 5.3)



Paul J. Unger, Esq.

Affinity Consulting Group, LLC, Columbus, OH

Paul is a nationally recognized speaker, author and thought-leader in the legal technology industry. He is an attorney and founding principal of Affinity Consulting Group, a nationwide consulting company providing legal technology consulting, continuing legal education, and training. He is a member of the American Bar Association, Columbus Bar Association, Ohio State Bar Association, Ohio Association for Justice, and New York State Bar Association. He provides training for law firms, CLE organizations, and legal departments throughout the United States, Canada, and Australia.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN • Inspiring Indiana CLE


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