Introduction.

• Author: Glover, Gordon J.

Emerging technologies are advancing at a rapid pace and continue to transform the legal profession. Recently, we learned that the first-ever AI-powered legal defense was set to take place in a California court and that ChatGPT passed law school exams at the University of Minnesota (ranked as the 21st best law school in the country by U.S. News & World Report). With a growing focus on technology, the number of security threats to lawyers also continue to rise. In fact, ransomware and other cyberattacks are among the most devastating threats to law firms. According to the ABA's 2021 Cybersecurity Report, 25% of survey respondents to their survey reported that their firms had previously suffered a data breach. The report also showed that many law firms are not using security measures deemed basic by security professionals and are used more frequently in other businesses and professions. This remains the case even when lawyers know that a data breach can have a devastating effect on their firm and clients.

Most lawyers understand their legal and ethical obligation to protect client information--regardless of practice area, firm size, or location. ABA Model Rule 1.6 states that lawyers should "make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client." In addition, at the ABA Annual Meeting in August 2014, the ABA adopted a resolution that "encourages all private and public sector organizations to develop...