We just published a new course Cyber Threats and The Duty of Confidentiality , which takes a look at some of the new cyber threats faced by practicing attorneys in California. Unfortunately, as we see continually today, the world is an increasingly unsafe place for digital information. This has an impact on the attorney’s duty of confidentiality.
California attorneys owe their clients a duty of confidentiality. This is covered by Rule 3-100 of The Rules of Professional Conduct. A huge change in the scope and scale cyber attacks, however, have created new challenges for compliance with this rule. In addition, Section 952 of the California Evidence Code prohibits disclosures of client information to third parties. This is literally impossible on the Internet. This course explores some of the new, surprising ways that attorneys are vulnerable to ethics complaints, malpractice complaints and civil litigation in the new era of cyber security. The course also suggests some approaches to risk mitigation that are practical for large and small law firms.