Tuesday, February 28, 2012

What is "Reasonable" for a Law Firm With Respect to Protecting Client Data?



http://ow.ly/9kR87

An article by Sharon D. Nelson, Esq. posted on her blog Ride the Lightning.

This article provides a brief overview of a proposed revised rule of the ABA commission on Ethics.  The proposed changes discussed are to Model Rule 1.6, and impact punishment for data breach of a client's data being held by a law firm.

The article mentions, "The factors to be considered in determining the reasonableness of the lawyer’s efforts are:
  • The sensitivity of the information
  • The likelihood of disclosure if additional safeguards are not employed
  • The cost of employing additional safeguards
  • The difficulty of implementing the safeguards
  • The extent to which the safeguards adversely affect the lawyer’s ability to represent clients."

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