Lawyers and other legal professionals know that law firms are tempting targets for cybercriminals. You probably know a friend of a friend who accidentally sent confidential information to opposing counsel. Even so, it is common at many law firms to send sensitive client information via email. In doing so, you may risk ethical complaints, data breach liability, and reputational damage.
At the same time, changing your workflow is challenging, especially when your caseload is growing and staffing is shrinking. LexShare offers an alternative. It combines strong security with products you already use and trust.
👉 Check out the PracticeMaster Integration page to learn more about LexShare
Wait.. why not just add a privilege/confidentiality disclaimer and use regular email?
Tacking on a disclaimer as an email liability shield approach is fast, easy, and familiar, but it might not be secure enough.
Current ABA guidance* recommends a fact-based analysis
In 1999, Formal Opinion 99-413 (1999) stated that lawyers have a reasonable expectation of privacy in standard email. Formal Opinion 477R (2017) changed that guidance.
The 2017 opinion referenced Comment 18 to Model Rule 1.6(c), which states that “factors to be considered in determining the reasonableness of the lawyer’s efforts [to safeguard confidential information when sending information electronically]” include, but are not limited to:
- the sensitivity of the information,
- the likelihood of disclosure if additional safeguards are not employed,
- the cost of employing additional safeguards,
- the difficulty of implementing the safeguards, and
- the extent to which the safeguards adversely affect the lawyer’s ability to represent clients (e.g., by making a device or important piece of software excessively difficult to use).
It also noted that the duty of competence requires attorneys to understand the risks and benefits associated with changing technology (see Model Rule 1.1, Comment 8).
The ABA concluded that sharing client information over the internet is acceptable if the attorney makes “reasonable efforts to prevent inadvertent or unauthorized access,” unless the client requests more security or the fact-specific analysis indicates higher security is required.
*ABA guidance is advisory. Check with your state bar association for local rules.
“Reasonable efforts” require ongoing evaluation of risks and protections
In the eight years since Opinion 477R was published, the list of security risks law firms face has only grown. The tools available to protect communications have changed, too.
Opinion 477R acknowledged the evolving nature of technology. It cited the ABA’s 2016 Ethics 20/20 Commission Report, which declined to recommend specific safety measures, saying that that “technology is changing too rapidly to offer such guidance and … the particular measures lawyers should use will necessarily change as technology evolves and as new risks emerge and new security procedures become available.”
Reputational damage is an independent risk
Clients rely on their attorneys to safeguard their information, and when that trust is breached, the firm can be damaged even if no ethical rules were violated. An email disclaimer will not stop a hacker. When emails are misdirected, it is not always possible to un-ring the bell. Reputational damage can be especially devastating for firms that rely heavily on referrals.
LexShare offers better security without sacrificing ease of use
Lawyers are understandably reluctant to add new technology to their workflows, even when they want the benefits it provides. It takes time to learn a new process. Some tools add too many extra steps, cutting into your already-limited work time. Or they are difficult for clients to use, so your phone is ringing with support requests.
LexShare makes secure sharing easy on you and your clients. You can send or request a document from PracticeMaster with a few clicks:
- You choose the appropriate level of security based on the situation
- You can write the body of the email right in the workflow or get a secure link and add it to your email manually
- You can set up a notification to alert you when the document is accessed or sent
If you choose to add eSignature capability, the process for getting an eSignature is similar.
On your client’s end, the message looks like a normal email; they just click on the link to get the secure document. If you decide to add extra security, the client must answer a challenge question before viewing the document.
Use case: Sending sensitive information to a client
Imagine that you need to share confidential, written information about your client’s matter, and time is limited.
Your perspective: Instead of sending a letter or making an appointment, you decide to send an email and attach the confidential information. Since the information is sensitive, you use LexShare to send a secure link with a pre-arranged challenge question. You complete the entire process inside PracticeMaster in just a few minutes.
The client’s perspective: Your client receives the email in their regular email inbox. They answer the challenge question accurately and read the information on your secure portal.
By emailing a secure link instead of meeting or mailing a letter, you:
- Get the information to the client quickly so you do not lose momentum on the matter.
- Avoid an extra appointment in your calendar.
- Save on paper and postage.
- Keep sensitive data out of email inboxes and limit the risk of unauthorized access to confidential information.
👉 Check out our LexShare video to learn more about this process
Use Case: Receiving confidential documents from a client
In this scenario, you completed the initial consultation virtually and need additional documentation from the client to decide on next steps, including screenshots of texts from the client’s phone.
Your perspective: This particular information is very sensitive, so you use LexShare to send the client a single-use link that allows them to upload the screenshots or files to your secure portal. You complete the entire process inside PracticeMaster with just a few clicks.
The client’s perspective: The client opens the email on their phone or computer, clicks the link, and uploads the necessary files.
By emailing a secure link for the client to upload, you:
- Get a faster response, because the client can complete the task from their mobile device, so you can take the next step in the matter right away.
- Import the screenshots or files directly into PracticeMaster.
- Keep sensitive data out of email inboxes and limit the risk of unauthorized access to confidential information.
See the document sharing process (starts at 2:31).
Use case: Signing a retainer agreement
After reviewing the client’s documentation, you decide to accept the matter. Now you need to get a signed retainer agreement.
Your perspective: The retainer agreement is sensitive, and your client wants to get moving on the matter right away. You decide to use LexShare to request an eSignature on the document. You go into PracticeMaster, select the document, and click “Request eSignature.” You complete the eSignature request process quickly and efficiently.
Your client’s perspective: The client clicks the link, answers the challenge question, and reads the document. Then they sign the document in a few clicks.
Watch the eSignature process from your perspective and your client’s perspective.
By using the eSignature process, you:
- Secure representation fast so the client does not move on to another firm.
- Meet the client’s expectations for speed.
- Save on paper and postage.
- Keep sensitive data out of email inboxes and limit the risk of unauthorized access to confidential information.
👉 Schedule a demo to learn more about how Tabs3 can benefit your firm
Protect your clients, your good name, and your time
LexShare’s plug-and-play integration with PracticeMaster means you can start sending securely right away. Your clients will also welcome a simpler process for sharing and signing. Demo PracticeMaster with LexShare on Tabs3 Cloud today!
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