datapRivacyeSSentialSFoRlaWyeRS: mitigatingRiSkSinyouRlegalpRactice
Technology Section Chairs: JasonPill – PhelpsDunbar & KurtSanger – BuchananIngersoll & Rooney
Florida’ slawyersmust remainproactivetoensure theintegrityoftheirlegal practiceinanincreasingly digitalworld.
Data privacy is a paramount concern for Florida’ s legal professionals. Whether engaged in litigation, transactional work, or running your firm, safeguarding client information is not just a best practice; it is a professional obligation. This article discusses strategies for managing risks associated with client data, ensuring compliance with the Florida Bar’ s requirements, and maintaining your clients’ trust.
As lawyers adopt technology such as artificial intelligence( AI) notetakers, cloud storage solutions, and social media platforms, there is a critical need to implement robust security measures. When
using AI tools for notetaking, ensure the software complies with data privacy regulations and does not store or share sensitive client information without consent. Choose reputable cloud storage providers that specialize in legal data. Look for services that provide strong encryption, regular security audits, and clear data ownership terms. Be cautious about sharing client-related information publicly. Establish clear guidelines for your practice regarding what can and cannot be shared on social media channels.
The Florida Bar developed specific guidelines to ensure attorneys adhere to client confidentiality obligations. rule
4-1.6 encompasses all information obtained during the representation of a client, regardless of its source. This broad scope includes not only the content of communications but also metadata, notes, and any other documentation that may contain sensitive details about the client’ s case or personal circumstances. Lawyers must be vigilant in protecting all forms of client information.
Before disclosing confidential information, attorneys must obtain informed consent from their clients. This involves ensuring clients are fully aware of specific information to be shared, with whom, and the
continuedonpage61
6 0 J U LY- A U G 2 0 2 5 | H C B A L A W Y E R