When you hire an attorney, you have to be able to trust them with some of your most sensitive information – such as financial records, business contracts, personal details and more.
You’re supposed to be able to trust them to protect that information as well as they would their own. So, what happens when a law firm’s cybersecurity fails and your private data is exposed? In some cases, you may have grounds for a legal malpractice claim.
Your lawyer has an ethical and legal obligation to keep your information safe
An attorney’s responsibility to protect your information is more than just some kind of professional courtesy – it is a matter of law. Like any other business, however, law firms aren’t immune to cybersecurity risks. And, like other companies, some law firms fail to recognize the cyber dangers and prioritize the protection of their clients.
Common cybersecurity lapses include things like:
- Outdated systems: If a firm fails to keep its electronic software updated and install patches that keep “hackers” out, that can be an example of an unacceptable lapse of care.
- Weak passwords: Some passwords are so common to use that it takes a bad actor less than a minute to figure them out. If your attorney used “123456” as their password, that’s not just lazy – that’s negligent.
- No encryption: If your lawyer fails to encrypt their emails or files, your information could be accessed by anybody who figures out a way to intercept them. That’s also negligence on your attorney’s part.
- Unsecured devices: Losing a laptop or phone that isn’t password-protected and otherwise secured can be a crisis – if the lawyer uses that device for casework or communication with their clients, that also puts your private information at major risk of exposure.
If you’ve suffered some kind of damage due to your attorney’s inability to keep up with the times, it may be time to explore additional legal recourse.