Saturday, August 16, 2014

ABA lawyers alert-resistant technology to accept digital age – Counsel

The annual meeting of the American Bar Association (ABA), the Bar Association of the United States, held this year in Boston, Massachusetts, was prolific in producing resolutions delineate the struggles of American lawyers, as well as recommendations for its members. A recommendation was specifically targeted to resistant technology lawyers:. Accept the digital age

“The lawyers averse to technology, who miss the times without computer, internet, cloud computing and social media, need to accept the fact that the advancement of technology has no point of return. But the future may not be as scary as it sounds, “says the ABA.

The institution presented to lawyers program” upside down technology for ethical competence in the digital age Lawyer Guide. ” The program highlights the points of intersection between technology and ethics that affect the practice of law. “In the name of ethics, the lawyer does not need to master new technologies, but a reasonable understanding is essential,” says the recommendation.

The ABA is progressively adapting the code of ethics of the American bar to accommodate technology , which has been changing the “spectrum of practice of law.” Explains that the changes are a matter of degree only, and will not result in a reform of the real substance of the rules.

One area that has become sensitive, says the recommendation is that of confidentiality. “The days where we had to protect files from paper documents against theft are gone. Now we have to worry about cyber security, because we are under the threat of thousands of potential intruders the system, “the minister told the lawyers of the Superior Court of North Dakota, Daniel Crothers.

One of the rules of code of ethics, for example, stipulates that the lawyer should provide competent representation to the client. The new language of this rule adds the definition of competence ‘knowledge of the benefits and risks associated with relevant technology. “

In their efforts to protect the confidentiality of client information, the lawyer” must assume that someone can try to get them, “he said during the meeting, Professor of Law at Suffolk University. “But we need not be paranoid. Just take some steps to protect them, “he said.

One of the measures is to adopt strong passwords for security, to hamper invasions of unauthorized persons. A strong password, he says, must have at least 12 characters, you enter letters, at least one uppercase, numbers and special characters (or symbols).

Safety Programs

 At its annual meeting, the ABA urged all law firms to develop, implement, and maintain cyber security programs. Such programs must respect the ethical and legal obligations. Should also be developed tailored to the nature and levels of office action as well as for data systems that need to be protected.

The threat of cyber attacks to law firms is growing rapidly . Therefore, the ABA adopted Resolution 109, which was developed to guide the law firms of all sizes and independent lawyers.

John Ozorio de Melo is a correspondent of the magazine Counsel in the United States.

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