Attorney Malpractice—Not Protecting Client Data could get your firm a Class Action Malpractice Suit

December 13, 2016

While the highly published hacks on the DNC (Democratic National Committee) and more recently coming to light of the hacks of the RNC (Republication National Committee) by the Russians.  It appears that the Chinese have also been busy with gathering information on commerce.  Some of the Chinese targets have been some of the largest US Law firms.  The  Fortune Article detailing these attacks speak of using this information for among other things insider trading. 

While most attorney practitioners just think that it is just the “big” firms that are being hit this is not the case and they have nothing to worry about should take pause with the proposed class-action complaint against Johnson & Bell Ltd.  While Johnson & Bell Ltd. with 100 attorneys is still a large law firm, they are being accused of lacks cyber security.

The unsealed suit accuses  Johnson & Bell  of numerous lapses, including, according to the complaint  an online time-keeping system that had not been updated in 10 years.  In addition to the time-keeping system, the unsealed suit accused Johnson & Bell of using several internet-accessible computer networks, including email system, which had not been updated with security patches.

While he case The Johnson & Bell Case is in its beginning stages, if the action succeeds, it should be a warning to all law firms for the need to keep information systems up to date and data secure.   How does your law firm’s cyber security stack up.  Also just because this is labeled a “Malpractice” law suit, don’t count on your Lawyers Professional Liability Insurance policy to provide all of the needed coverages for this time of action.

If the need for Cyber Security/Data Breach coverage was not pressing in the past, how will your law firm handle this type of situation without adequate insurance coverage?

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