June 28, 2023 — For law firms and practitioners, paying attention to cybersecurity and managing risk isn’t just good business practice — it’s also an ethical imperative. A new treatise from PLI Press, Cybersecurity Obligations for Attorneys: Confidentiality of Information in the Age of Cyber Crime, provides an overview of how lawyers need to implement cybersecurity measures in light of the expansion of ethical obligations requiring them to protect against cyberattacks.
Authored by Pillsbury partner Brian E. Finch, the treatise is designed as a practical handbook for lawyers of all levels of experience and practice areas. It covers why appropriate cybersecurity measures are needed, both practically and from an ethical perspective, details how risk management tools like insurance and statutory safe harbors can be used by lawyers, and offers practical tips on ways to assess cyber risks and organize defenses against them.
The book stands out as one of the first publications to focus on the expansion of the American Bar Association’s Rule 1.6 client-lawyer confidentiality obligations to specifically address cyber threats and security measures, as well as how lawyers need to think about cyber risks when managing their practices on a day-to-day basis.
“Cyberattacks against lawyers and their firms are particularly problematic given lawyers’ ethical obligation to protect confidential client information,” says Finch. “This new publication, which will be updated periodically in response to new developments such as AI, provides lawyers with a one-stop reference for determining what their baseline cybersecurity obligations are to clients and third parties, as well as how they can take steps to meet those obligations.”
To learn more and order a copy of Cybersecurity Obligations for Attorneys: Confidentiality of Information in the Age of Cyber Crime, click here. The treatise, and subsequent updates, will also be available to subscribers of PLI PLUS, PLI’s online legal research platform.
About the Author
Brian E. Finch is a partner in Pillsbury Winthrop Shaw Pittman LLP’s Public policy practice with extensive regulatory and government affairs advocacy experience. A recognized authority on global security and cybersecurity threats, he provides strategic legal counsel to companies from nearly every industry regarding regulatory issues, cyberattacks, national defense and intelligence policies, and homeland security concerns.
About Practising Law Institute (PLI)
Founded in 1933, Practising Law Institute (PLI) is a nonprofit learning organization dedicated to keeping attorneys and other professionals at the forefront of knowledge and expertise. PLI provides accredited, continuing legal and professional education programs delivered by more than 4,000 volunteer faculty, including top experts across practice areas. Additionally, PLI publishes a comprehensive library of treatises, course handbooks, answer books, and journals, also available through the PLI PLUS online platform and app. The essence of PLI’s mission is a commitment to the pro bono community. Based in New York, PLI also has an office and Conference Center in San Francisco. Visit www.pli.edu to learn more.