datapRivacyeSSentialSFoRlaWyeRS: mitigatingRiSkSinyouRlegalpRactice
Technology Section
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purpose of the disclosure. Informed consent must be explicit and clear.
In certain situations, disclosure may be implicitly authorized as necessary to carry out representation effectively. However, lawyers should always carefully evaluate whether such disclosures are necessary and appropriate.
Metadata— data about data— can unintentionally expose sensitive information if not properly managed. When sharing documents, it is essential to remove metadata that may reveal confidential information about clients or your practice. Use software tools that enable metadata removal before sharing documents.
When engaging third-party vendors, such as IT service providers, cloud storage companies, or marketing firms, lawyers must prioritize the protection of sensitive information. Ensure that any vendor you work with signs a data protection agreement that outlines their responsibilities regarding data security and confidentiality. This agreement should specify the measures they will take to protect client information. Lawyers should conduct thorough diligence regarding potential vendors; assess their security protocols, compliance with relevant laws, and reputation in the industry; request references and case studies to evaluate their track record of handling sensitive data; establish a process for regularly reviewing vendor performance around data protection, including scheduled audits, performance metrics, and feedback mechanisms to ensure ongoing compliance with your firm’ s data privacy standards.
As the legal landscape continues to evolve with technological advancements, Florida’ s lawyers must remain proactive to ensure the integrity of their legal practice in an increasingly digital world. n
Author: Jillian Cash – Buchanan Ingersoll and Rooney PC
Trial & Litigation Section Holds State of the Courts Luncheon thetrial & litigationSectionshostedits“ Stateofthecourts” annualluncheononapril3. ouresteemedpanelprovidedaninformativereview fortheSectionmembers. Wethankthespeakersfortheirtimeandexpertise: Judgedanielh. Sleet, chiefJudge, Seconddistrictcourtofappeals; Judgechristopherc. Sabella, chiefJudge, 13thJudicialcircuit; lisaB. mclean, publicdefender’ soffice, 13thcircuit; andSuzylopez, State attorney’ soffice, 13thcircuit.
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