Lawyer’s Ethical Obligation to Secure Client Data

Michael R. Overly
Michael R. Overly | Foley & Lardner LLP.

Michael Overly is a partner in Foley & Lardner’s Information Technology & Outsourcing Group and Privacy, Security and Information Management Groups.

On-Demand: February 27, 2023
Lawyer’s Ethical Obligation to Secure Client Data

$95.00 1 hour CLE

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Program Summary

In this discussion, we begin with a review of attorney obligations with regard to client confidential information, including maintaining the attorney-client privilege and preserving the work product doctrine. Lawyers these days obtain far more information and in greater volumes from their clients than ever before. The overwhelming majority of that information is in electronic form, which is susceptible to compromise. We will focus on understanding the risks presented and provide methods for mitigating those risks. Following the presentation, participants will be prepared to secure and preserve client data and to respond to client requests regarding the lawyer’s and their law firm’s approaches to security.

Key topics to be discussed:

  • Overview of ethical obligations to maintain client confidences/privilege/work product doctrine
  • The ever expanding world of client data lawyers maintain
  • Security is never 100%
  • Understanding the basics of information security
  • Identifying the weak link

Date: March 28, 2023

Closed-captioning available

Speakers

Michael-R.-Overly_Foley-&-Lardner-LLP_myLawCLEMichael R. Overly | Foley & Lardner LLP

Michael Overly is a partner in Foley & Lardner’s Information Technology & Outsourcing Group and Privacy, Security and Information Management Groups. He is one of the few practicing lawyers who has satisfied the rigorous requirements necessary to obtain the Certified Information System Auditor (CISA), Certified Information Systems Security Professional (CISSP) , Information Systems Security Management Professional (ISSMP), Certified in Risk and Information Systems Controls (CRISC), Certified Outsourcing Professional (COP), and Certified Information Privacy Professional (CIPP) certifications.

He writes and speaks frequently regarding negotiating and drafting technology transactions and the legal issues of technology in the workplace, e-mail, and electronic evidence. He has written numerous articles and books on these subjects and is a frequent commentator in the national press (e.g., the New York Times, Chicago Tribune, Los Angeles Times, Wall Street Journal, ABCNEWS.com, CNN, and MSNBC) and has testified before the U.S. Congress regarding online issues.

Agenda

I. Overview of ethical obligations to maintain client confidences/privilege/work product doctrine | 2:00pm – 2:15pm

II. The ever expanding world of client data lawyers maintain | 2:15pm – 2:25pm

III. Security is never 100% | 2:25pm – 2:35pm

IV. Understanding the basics of information security | 2:35pm – 2:50pm

V. Identifying the weak link | 2:50pm – 3:00pm