The ABA Speaks on the Ethics of Disaster Recovery and Data Breaches

  • Eastern Time (US & Canada)
  • By: American Bar Association - Law Practice Division
  • Source: National Disaster Legal Aid > National Disaster Legal Aid Advocacy Center
  • Disaster Relief and Recovery

The ABA has issued two ethics opinions, one involving disaster recovery and one involving a law firm data breach. A lawyer's duties when impacted by a disaster or a data breach have changed and become far more specific. This session will offer real-life examples on how to recover from a disaster or a data breach -- ethically.

Formal Opinion 483: Lawyers’ Obligations After an Electronic Data Breach or Cyberattack (October 17, 2018); and, Formal Opinion 482: Ethical Obligations Related to Disasters (September 19, 2018).

Disasters and data breaches bring with them conflicting priorities to resolve. Duties of disclosure compete with those of confidentiality for your attention. The responsibility to provide legal services for which your clients have contracted may be adversely affected by disaster. Model Rules 1.4 and 1.6 provide the standards and the recent ABA opinions flesh out your ethical duties in the event of a disaster (natural or man-made) or a data breach (which is of course a very specific form of a disaster!).

Join our panel of experts as they guide you through these opinions with practical examples of how best to ensure you and your clients are protected in the face of this new world and all it has to throw at you.

  • CLE Credit Comments: The ABA will seek 1.00 CLE Ethics and Professional Responsibility credit in 60-minute-hour states, and 1.20 CLE Ethics and Professional Responsibility credit for this program in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.