BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Cybersecurity and Data Privacy

Date & Time
  • event Date

    Wednesday, June 25, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

  • An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.

$297.00
CLE
ALL

This CLE webinar will discuss the key ethics rules and other laws governing a lawyer's duty regarding cybersecurity, privacy, and data protection matters. The panel will review the unique risks and privacy implications for lawyers and provide best practices for implementing measures to safeguard client data, remaining compliant with ethics rules and other laws, and avoiding breaches of professional responsibility and malpractice actions.

Faculty

Amy E. Richardson
Partner
HWG, LLP

Ms. Richardson’s practice focuses on legal ethics and professional responsibility matters, white collar defense, and complex commercial litigation. She counsels and represents lawyers and law firms in disciplinary investigations and prosecutions, as well as malpractice matters. Ms. Richardson’s disciplinary experience includes matters before multiple state bars, the USPTO’s Office of Enrollment and Discipline, and the Office of Professional Responsibility. She has represented individual lawyers and law firms in high stakes arbitrations related to partner departures and also counsels and advises lawyers and law firms in partner admissions and departures and law firm dissolutions. Ms. Richardson teaches legal ethics and professional responsibility at Duke University School of Law and Georgetown Law.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

Cybercrime and data breaches continue to rise and dominate the headlines and law firms remain prime targets due to the sensitive nature of their work. Lawyers must understand the risks and their ethical and legal obligations to safeguard client data in order to uphold their professional responsibilities and avoid malpractice actions.

Rule 1.6 of the American Bar Association's (ABA) Model Rules of Professional Conduct emphasizes a lawyer's duty to maintain confidentiality and adopt reasonable security measures against data breaches to protect sensitive client information. Other ethics rules have particular application to protection of client information, including the technical competency requirements found in Model Rule 1.1, the diligence and promptness standards found in Rule 1.3, Rule 1.4 which underscores the importance of clear communication with clients, and Rules 5.1 and 5.3 highlighting the supervisory responsibilities of lawyers to ensure that all members of the firm adhere to the ethical obligations concerning cybersecurity and data protection.

Beyond ethical rules, attorneys must also navigate compliance with various state, federal, and international laws, including among others, the European Union's General Data Protection Regulation (GDPR), the Health Insurance Portability and Accountability Act (HIPAA), the Federal Trade Commission (FTC) Act, the California Consumer Privacy Act (CCPA) and New York's Stop Hacks and Improve Electronic Data Security Act (SHIELD Act).

Listen as our authoritative panel examines the ethics rules relating to data privacy and cybersecurity and provides guidance on implementing robust processes and procedures for maintaining compliance with the Model Rules of Professional Conduct and other laws. 

Outline

I. Overview: cybersecurity and data privacy risks in the legal profession

II. Data protection principles

III. Cybersecurity risks in the legal setting

IV. ABA Model Rules of Professional Conduct relating to a lawyer's duty to protect client data

V. ABA Standing Committee on Ethics and Professional Responsibility's Formal Opinions 477R and 483

VI. States with enhanced data privacy and cybersecurity requirements for lawyers that go beyond the ABA's Model Rules of Professional Conduct

VII. Other state, federal, and international laws regulating data privacy and protection: GDPR, HIPAA, Federal Trade Commission Act, CCPA, New York's SHIELD Act

VIII. Strategies for implementing technical measures and administrative safeguards for data compliance to mitigate exposure to cybersecurity incidents

IX. Practitioner pointers and key takeaways

Benefits

The panel will examine these and other key considerations:

  • Why are law firms and lawyers prime targets for cyberattacks and data breaches?
  • How do the Model Rules of Professional Conduct govern a lawyer's duty to protect client data and minimize the risks of cyberattacks?
  • What are other laws and regulations lawyers and firms must abide by with respect to data and cybersecurity?
  • What specific cybersecurity measures are required to safeguard client data from hackers?