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Fonte: ABA Journal

Imagine this (not-so-outlandish) scenario: Your law practice has suffered a data breach. Your email accounts, computers or networks have been compromised and your confidential data is no longer confidential. It doesn’t matter how it happened—whether it was a cyberattack, a phishing scam or simply human error. If you are the victim, then you have to respond and protect yourself, your firm and your clients from further harm. If your client was victimized, you might get a frantic call seeking advice.

The best and most effective way to avoid a worst-case scenario is to have a structure already in place to deal with and respond to cyberincidents. Failure to prepare is preparation for failure, and lawyers must invest time toward incident response planning before a breach occurs. Planning for a data breach may seem less fun than preparing for a serious traffic collision, but it comes with benefits that include knowledge, prevention and better response. Contemplating the consequences of a serious cybercrime allows us to properly allocate time and money toward avoiding it.

Good incident response planning and good cybersecurity go together and are continual processes. Planning starts before the breach—just like driver’s education starts before the imminent traffic accident. When it is time to take emergency evasive action, you already should know how to use the steering wheel and brake. After the collision, you should know what to do, including whether you are allowed to leave the scene or must notify the police.

The threats and risks are clear: Our profession makes us targets, and we have special duties of confidentiality and competence. Attorneys are subject to frequent cybercrime attacks, email accounts are breached, and we are solicited to move money for cybercriminals. Law firms have been breached, their secrets exposed to the world or used for insider trading—the Panama Papers, the Paradise Papers and other events speak to that. Knowledgeable lawyers can protect themselves and their clients.

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