The ABA released two very significant ethical opinions: 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). But what are the practical implications? Disasters and data breaches bring with them conflicting priorities to resolve. Duties of disclosure compete for lawyers’ attention with those of confidentiality. The responsibility to provide legal services may be adversely affected by disaster. Model Rules 1.4 and 1.6 provide the standards and the recent ABA opinions flesh out ethical duties in the event of a disaster (natural or man-made) or a data breach. This session will prevent you from going into “headless chicken” mode.
Presented by Sharon D. Nelson, Esq. and John W. Simek of Sensei Enterprises, Inc.