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cyber security report 2019

The two prior years had seen much more dramatic progress—as 26% of responses reported such coverage in 2017 and 17% in 2016. The second volume of the survey, “Technology Basics & Security” received responses from attorneys practicing in firms of all sizes: solos (31%); firms of 2-9 attorneys (27%); firms of 10-49 attorneys (15%); firms of 50-99 attorneys (5%); firms of 100-499 attorneys (10%), and firms of 500+ attorneys (12%). Even for attorneys that responded affirmatively, work remains to be done in regularly evaluating and improving existing plans. The responses provide a detailed snapshot of the state of the profession in all those areas—information which is especially useful when analyzed against results in prior years. From the early threat of data breaches to attacks on internet of things (IoT) devices, the cyber threat continues to evolve at pace. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” Comment 8 to Model Rule 1 makes clear, “To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” Clearly, the duty of competency requires cybersecurity considerations. The 2019 Survey asked cybersecurity questions related to technology policies, security tools, security breaches, viruses/spyware/malware, physical security measures, and backup. This year, the overall number reporting an incident response plan improved to 31%—with favorable responses improving across much of the board— from solos (11%), firms with 2-9 attorneys (23%), and firms of 10-49 (35%). Formal Opinion 483 makes clear that “the potential for an ethical violation occurs when a lawyer does not undertake reasonable efforts to avoid data loss or to detect cyber-intrusion, and that lack of reasonable effort is the cause of the breach.” The opinion further states that “As a matter of preparation and best practices, however, lawyers should consider proactively developing an incident response plan with specific plans and procedures for responding to a data breach.”. Texas Bar Newest to Green Light Cloud-Based Software for Lawyers, /content/aba-cms-dotorg/en/groups/law_practice/publications/techreport/abatechreport2019/cybersecurity2019. As the results show, the profession continues to make progress in adopting risk management practices necessary for improving security and resilience. Other consequences resulting from a virus, spyware, or malware infection include costs incurred for consulting fees for repair (40%), downtime/loss of billable hours (32%), temporary loss of network access (23%), temporary loss of web site access (17%), and replacement of hardware/software (15%). www.bulletproof.co.uk 2 CONTENTS 3 A NOTE FROM THE MD 5 EXECUTIVE SUMMARY Top targeted industries Looking back at 2018 7 THE THREAT LANDSCAPE Everything changes Ransomware moves over for cryptomining Further, when a data breach occurs involving, or having a substantial likelihood of involving, material client information, lawyers have a duty to notify clients of the breach and to take other reasonable steps consistent with their obligations under these Model Rules.” ABA Standing Committee on Ethics and Professional Responsibility Formal Opinion 483 “Lawyers’ Obligations After an Electronic Data Breach or Cyberattack” (October 17, 2018). The well-known NIST “framework” provides excellent context for many points that should be included in an incident response plan. Consequences of security incidents included consulting fees for repair (37%), downtime/loss of billable hours (35%), expense for replacing hardware or software (20%), destruction or loss of files (15%), notifying law enforcement of breach and notifying clients of the breach (9% each), unauthorized access to other (non-client) sensitive data (4%), and unauthorized access to sensitive client data (3%).

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