Earlier this year, the New York State Bar Association devoted an entire panel at their annual meeting to cybersecurity. Why? Because law firms are a particularly appealing target for cyberattacks.
This panel was one of many attempts in the law industry to highlight the importance of cybersecurity for law firms. Not only do law firms hold the key to sensitive client information, but they have a legal responsibility to protect that information.
We’re here to shed more light on the cyber threats in the legal industry and what you can do about them. Read on to learn how to secure your legal practice (and why it matters to do so).
Why Invest in Cybersecurity for Your Law Firm?
When you don’t work in the tech industry, it’s easy to underestimate how big your digital footprint is-and how vulnerable you are to outside threats. Let’s take a closer look at why cybersecurity is so crucial to your law firm’s safety and success.
High-Value Targets
Whether you represent clients seeking financial justice after an accident or businesses seeking to protect their intellectual property, your law firm has access to troves of confidential information. For example, you may data containing:
- Personal identification details
- Financial records
- Medical records
- Strategic business information
Cyber criminals targeting law firms typically have one of two goals. The first is to cash in on valuable information that could compromise your integrity and your clients’ privacy. The second is to expose information about high profile clients.
ABA Guidelines
The American Bar Association has been critiqued for its lack of stringent cybersecurity guidelines and requirements. However, ABA Rule 1.6 outlines confidentiality requirements that do pertain to digital information.
The final clause of Rule 1.6 requires that lawyers take reasonable steps to prevent the unauthorized release or use of client information. While the clause does not specify what steps are considered reasonable, the amount of potentially vulnerable data law firms possess indicates that stringent cybersecurity is necessary.
Data Compliance Regulations
ABA Rule 1.6 is not the only regulation law firms must abide by. The National Law Review provides a useful overview of other data compliance regulations that law firms may be beholden to, including:
- General Data Protection Regulations: A 2018 EU law that applies to all EU clients and may shape future US policy
- HIPAA: A US policy that ensures protection of sensitive medical information
- Federal Trade Commission Act: A complicated US policy that creates significant liabilities for businesses across industries who don’t protect user data
Individual states have also taken steps to create their own data compliance regulations. Here in Chicago, law firms need to abide by the Illinois Privacy Protection Act.
High-Cost Consequences
Some law firms underestimate the importance of cybersecurity or assume they can retroactively recover from a cyberattack. We’ve seen countless examples of the high-cost consequences of law firm data breaches, including one that recently reached an $8 million settlement.
According to ClassAction, a law firm ironically working with data breach cases was hit with a data breach of their own. Not only did this data breach lead to a class action lawsuit but it also tarnished the law firm’s reputation, possibly for good.
Cyber Threats in the Legal Industry
Where are cyber threats in the legal industry coming from? Here’s a quick overview of the types of threats your law firm is facing without the right cybersecurity strategies in place.
Phishing Attacks
Phishing attacks are one of the most common threats that modern law firms face. These phishing attacks involve online communication that tricks an inside member of an organization to share sensitive information. Common examples of phishing include:
- Email spoofing: manipulation of fake accounts to make it look like urgent or standard information requests are coming from trusted sources
- Pretexting: back-and-forth communication that leads to the extraction of information or money
- Credential harvesting: links to legitimate-looking login pages that collect login credentials
Think you could spot these fake emails and websites? Most people assume the same thing and yet phishing has a high success rate.
Ransomware
Ransomware is a type of malware that poses a significant threat to law firms and their high-value clients. The hijacking of business data, which you’ll only get back if you comply with the hacker’s terms (typically in the form of a payout).
We often talk to law firm owners who assume that cloud storage eliminates the threat of ransomware. However, the standard synchronization setup of cloud storage means that even your backup files are at risk.
Advanced Persistent Threats (ATPs)
When you imagine your law firm getting hit with a cyberattack, you probably picture something happening fast. Someone clicks on the wrong link or malware makes its way into your system and you’re made aware of the data breach in real time.
ATPs defy this logic, working slowly and without detection. These sophisticated attacks can occur over weeks or months, as initial access to your network leads to more and more data exfiltration. ATPs can have huge repercussions as they impact both prior and current clients.
AI-Assisted Cyberattacks
We’re currently living through a transition in digital history that centers around artificial intelligence. It remains unclear what we’ll accomplish with AI, but one thing is becoming evident already: hackers are using AI to orchestrate cyberattacks.
AI can be used for everything from creating malware to guessing passwords. There’s one area that cybersecurity experts find particularly concerning. AI is adept at scanning networks for vulnerabilities at a scale that exceeds human abilities.
Insider Threats
When you think about cybersecurity threats, your mind goes to outside sources. Unfortunately, serious data breaches tend to involve inside sources, as well. We’re talking less about intentional data sharing and more about basic human error.
Increasing cybersecurity awareness is an important way to minimize the chance of cyberattacks in your law firm. However, you and your team are up against some pretty sophisticated threats. Having robust cybersecurity is a necessary failsafe.
Comprehensive Cybersecurity for Law Firms
How can you bulk up law firm data protection and ensure true security for your clients? EMPIST takes a multi-step approach to law firm cybersecurity. Here are just a few of the measures we’ll put in place.
Data Encryption
Data encryption involves scrambling data so that its indecipherable without the right key. Law firms are constantly sharing and storing sensitive data, and all of it should be encrypted. This includes encrypting data:
- In transit (data that moves across networks)
- At rest (stored on servers or devices)
- Sent in emails
- In cloud storage
Data encryption should be one of the pillars of cybersecurity for law firms. Not only does it protect your clients’ sensitive information but it helps your firm to achieve regulatory compliance.
Updates and Patches
Malware is running a constant race with things like antivirus software. As we mentioned earlier, AI is one of the tools making it easier to detect a network’s vulnerabilities and infiltrate.
System updates are one of our most important safeguards against adaptive malware. Antivirus software will release patches that cover those vulnerable points. Always automate updates to take advantage of these improvements right away.
Strong Password Security
You’ve probably noticed that different platforms are implementing new password protection rules. This includes things like:
- Longer or more complex character requirements
- Frequent reCAPTCHA requirements
- Multi-factor authentication
You may see them as a nuisance, but they’re doing important work. The more safeguards in place, the more difficult it is to hack into an account simply by knowing the password.
Everything your law firm uses, from email accounts to project management software, needs to have these systems in place.
Employee Cybersecurity Training
One of the most important things you can do is educate your team on the importance of cybersecurity. Share resources and hold meetings on:
- The importance of data encryption
- Your law firm’s data encryption protocols
- How to spot suspicious emails
- What your law firm will and won’t ask for via email
- The importance of using protected company devices for work-related communication
Reducing cybersecurity threats requires a combination of protective measures and mitigation of human error.
Incidence Response Planning
Legal cybersecurity strategies aren’t complete without an incidence response plan. Your cybersecurity team should help you prepare for emergencies with steps such as:
- Risk assessment
- Business impact analysis
- Data backup procedures
- Communication plans
The more airtight your emergency response plan is, the faster you can mitigate the spread of malware and other threats. Plus, you’ll know how to address affected clients and assure them of the steps being taken to retrieve and protect their data.
Protect Your Law Firm With EMPIST
There’s no doubt about it: cybersecurity for law firms is an absolute must. Not only is protecting client information a regulatory requirement, but it can spare your law firm from facing liabilities and reputational damage. EMPIST is the team that can help you enure both compliance and client safety.
EMPIST has been in the business of cybersecurity for law firms for nearly 25 years. We combine proactive support with strategic planning to increase your current protection while anticipating future attacks. Contact us to learn about our comprehensive suite of services.