Best Practices for Law Firms to Meet Cybersecurity Obligations

Cybersecurity is more important than ever. Here’s how you can protect your firm from cyber attacks.
By Michel Sahyoun
April 28, 2025
 

Digital information is paramount to the practice of law today. Much like other organizations, law firms increasingly rely on digital tools and platforms to manage operations, communicate with clients and store vast amounts of confidential data. This information, which may include personally identifiable information (PII), financial records, intellectual property or privileged communications, is highly attractive to cybercriminals.

A data breach or a cybersecurity lapse in a law firm can have significant repercussions. Not only can it lead to financial loss, but also it can damage the firm’s reputation, erode client trust and potentially result in legal action. In extreme cases, law firms could face severe fines, regulatory scrutiny or even lose their license to practice law.

Recognizing these risks, governing bodies including the American Bar Association (ABA) and various state bar associations have developed guidelines to help legal professionals understand and meet their cybersecurity obligations. While those guidelines provide a valuable framework for addressing cybersecurity, some regions have taken further action by introducing mandatory cybersecurity requirements. For example, the California Consumer Privacy Act (CCPA) and the European Union's General Data Protection Regulation (GDPR) impose strict rules on the protection of client data, including requirements for breach notification and consumer rights over personal information. Law firms handling data for clients within these jurisdictions must comply with their provisions.

Additionally, states are starting to require law firms to implement cybersecurity measures as part of their professional responsibility requirements. This trend is expected to continue as firms become more integral to the fight against cybersecurity threats, but many firms fall short of these expectations. The complexity of cybersecurity, combined with resource constraints, means that law firms often struggle to implement adequate protections.

With a rise in cybercrime and growing regulatory pressure, administrators play an important role in helping their firms take proactive measures to safeguard client data, maintain trust and comply with legal standards. The following are some key best practices for law firms to consider in their efforts to implement a comprehensive cybersecurity strategy:

1. Develop a Robust Cybersecurity Policy

The foundation of any effective cybersecurity program is a robust cybersecurity policy. This policy should outline the law firm’s approach to data security, define acceptable use of technology and specify procedures for handling and protecting sensitive client information. The policy should also include a framework for assessing and managing cybersecurity risks.

Protecting client data and ensuring secure systems are not merely best practices; they are legal and ethical obligations that must be upheld.

2. Implement Encryption and Multi-Factor Authentication

Encryption is a critical tool for protecting client data, both when it is stored and when it is transmitted over networks. Law firms should use end-to-end encryption for sensitive emails and files and ensure that data stored on servers or in the cloud is encrypted. Additionally, multi-factor authentication (MFA) should be enabled for all systems and applications that store or access sensitive data, adding an extra layer of security.

3. Regularly Train Employees

All firm employees must be trained on cybersecurity policies, as well as the latest threats and tactics used by cybercriminals. That training should cover topics like phishing attacks, password management, safe browsing practices and identifying suspicious activity. Regular training ensures that the entire firm is vigilant and equipped to respond appropriately to potential threats.

4. Monitor and Respond to Threats in Real Time

Cybersecurity is an ongoing process, and law firms must actively monitor their systems for signs of cyber threats. This monitoring can include employing security software to detect malware, conducting regular vulnerability assessments and leveraging threat intelligence services. In the event of a breach or attempted attack, a clear incident response plan should be in place to ensure a swift and effective response.

5. Evaluate and Vet Third-Party Vendors

Law firms often work with third-party vendors that provide essential technology services, such as cloud storage, document management or legal practice software. Before engaging these vendors, tech committees or procurement should conduct due diligence to ensure they meet adequate cybersecurity standards. Contracts with third-party vendors should include specific security requirements and provisions for data protection.

6. Maintain Regular Software Updates

One of the simplest yet most effective ways to protect against cyber threats is to ensure that all software, including operating systems, applications and security tools, is up to date. Regular software updates help close security vulnerabilities and reduce the risk of cyberattacks.

As law firms increasingly rely on digital technologies to manage their operations, they must also take cybersecurity seriously. Protecting client data and ensuring secure systems are not merely best practices; they are legal and ethical obligations that must be upheld. With the ABA and state bar associations providing guidelines, law firms have a roadmap to follow, but it is ultimately up to each firm to implement the necessary protections.

By developing a comprehensive cybersecurity policy, training employees, implementing strong technical safeguards and staying vigilant, law firms can meet their cybersecurity obligations and protect both their clients and their reputations. As the legal landscape continues to evolve, it is crucial that firms embrace cybersecurity as a core component of their professional responsibilities.

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