Abstract
In this essay, the modifications of the American Bar Association Model Rules are discussed with regards to an attorney’s responsibilities when dealing with technology. In particular, an attorney is accountable for having a reasonable appreciation of technology functions, mainly when protecting client data or the data entrusted to their care. The paper briefly describes the common law and regulatory law associated with safeguarding data. Compliance with existing ABA Rules and federal and state statutes is paramount. Finally, the article discusses that attorney responsibilities regarding electronic discovery, automated document assembly. Electronic court filing, how a client employs technology, the presenting of digital evidence in a courtroom, and open-source Internet investigations and research tools. The paper concludes that constant vigilance is the order of the day.
Highlights
In today’s society, information technology dominates the communications between individuals, between attorneys and their clients
Attorneys should review the safety features of the cloud to ensure that they comply with the American Bar Association (ABA) Model Rules, the common law, and federal and state statutes.[36]
It is essential that attorneys adhere to the ABA Model Rules, the common law, and federal and state statutes and that the client and relevant third parties understand their duties and obligations from a cybersecurity perspective.[38]
Summary
In today’s society, information technology dominates the communications between individuals, between attorneys and their clients. Rule 1.15 was extended to apply to attorneys’ electronic data held in trust.[13] According to ABA Formal Opinion 483 dated October 17, 2018, safeguarding client information in paper and electronic form is paramount These duties include: The responsibility to monitor a breach; The requirement to stop a breach and restore system integrity; and A commitment to determine why the breach occurred. Attorneys should review the safety features of the cloud to ensure that they comply with the ABA Model Rules, the common law, and federal and state statutes.[36] These ten steps are relevant when dealing with cybersecurity issues that affect client data. It is essential that attorneys adhere to the ABA Model Rules, the common law, and federal and state statutes and that the client and relevant third parties understand their duties and obligations from a cybersecurity perspective.[38].
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