The technological advancements of the past twenty years have reshaped every area of our lives, including the ways legal support staff and lawyers provide services to their clients. One of the biggest hurdles in implementing technologies in legal contexts has been reconciling the use of new technologies with existing ethics rules that may not anticipate certain problems.
To avoid some of the major ethical pitfalls involved with implementing technologies as part of your professional work, keep the following points in mind:
Competence
At the core of many ethics rules in the legal profession is the need to provide competent representation, services and support. When it comes to using newer technologies, this demand for competence may come with the duty to alert clients to the benefits and risks of certain technologies.
While neither legal support staff nor lawyers are expected to be IT security experts, understanding the key points of cybersecurity and safety can help you stay alert for potential problems and provide more competent support and services.
Confidentiality
Confidentiality has become a major concern for nearly everyone who ventures onto the internet. Because confidentiality has always been a top priority for lawyers and legal support teams, the rise of countless questions about confidentiality and new technologies was perhaps inevitable.
Key points to consider when facing questions about technology and confidentiality:
- Electronic data safety, backup and storage. Are the devices you use for work encrypted? Do your work smartphone, computer or tablet require a password or similar credentials to access? What is your workplace’s policy for storing, backing up, sharing or deleting clients’ digital files and information, and how well do you implement it in your day-to-day work?
- Speaking to clients about confidentiality concerns. While digital communication, including SMS text messaging, is ubiquitous, some channels are safer than others. If you’re concerned a client may try to have important conversations over non-secure channels, talk to your team and the client if needed. Restrict your own conversations to channels with an acceptable level of security. Sometimes, only an in-person conversation will do.
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