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The COVID-19 pandemic forced lawyers and judges to practice outside of their physical facilities, and continue professional services from their home offices. That same period was the worst on record for cyber attacks:
In response, the American Bar Association (ABA) published Formal Opinion 498 (FO498) to address practicing law outside of the traditional brick-and-mortar office environment. It reminds lawyers that while the ABA Model Rules of Professional Conduct permit virtual practice, these Rules provide minimum requirements and recommendations for virtual practice, particularly in the areas of competence, confidentiality and supervision.
ABA FO498 is more aspirational than prescriptive. Let's take a look at how you can operate a secure virtual law practice in the areas of:
In the wake of massive software and vendor exploits (SolarWinds Orion and Microsoft Exchange), FO498 reminds lawyers of their obligations to review vendor terms and conditions to ensure that client confidentiality is protected. But vendor management goes beyond T&Cs. Lawyers are required to ensure these systems are up to date with service patches which are often deployed to eliminate security vulnerabilities.
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