Cyber Threats and The Duty of Confidentiality
1/2 Hour of CA MCLE Legal Ethics Credit.
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California attorneys owe their clients a duty of confidentiality under Rule 3-100. A massive change in the scale and scope of cyber threats, however, have added new challenges to complying with this rule. In addition, Section 952 of the California Evidence Code bans disclosures of client information to third parties – something that is literally impossible on the Internet. This course explores ways that attorneys are newly 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.
Hugh Taylor, who was a lecturer at Berkeley Law from 2009 to 2011, has spent the last 20 years working in the information technology industry. He writes frequently about cyber security and compliance. Certified in Information Security Management, Taylor has done marketing and product management for security startups and global IT companies involved in cyber security.