Louisiana Bar on Cybersecurity for Lawyers

Louisiana State Bar Association Public Opinion 19-RPCC-0211 states that attorneys must take reasonable steps to ensure the security and accessibility of client data. 

It warns that using email web bugs to track an opposing counsel’s communications may be considered an ethical violation.  

The opinion warns that, “sending digital files in a non-secure format could allow the inadvertent release of information a lawyer or client would not want shared by the unintentional disclosure of “metadata,” which is information embedded in electronic documents.” 

ABA Formal Opinion 477 - remote deletion is a reasonable step

Formal Opinion 477 of the American Bar Association states that attorneys can transmit data to clients over the internet so long as they take reasonable precautions to prevent inadvertent disclosure.  Sensitive data may necessitate taking special measures. 

The opinion specifically recommends the use of a virtual private network and states that, “It also may be reasonable to use commonly available methods to remotely disable lost or stolen devices, and to destroy the data contained on those devices, especially if encryption is not also being used.”

ABA Formal Opinion 483 - Duty of Cybersecurity Competency

The American Bar Association's Formal Opinion 483, published in October 2018, addresses a lawyer's responsibilities in the event of data breach. It states that, ":just as lawyers must safeguard and monitor the security of paper files and actual client property, lawyers utilizing technology have the same obligation to safeguard and monitor the security of electronically stored client property and information."

Clients must receive prompt notification of any data breach.