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12 Comprehensive Steps to Mitigating Legal Technology Risks

Risk is prevalent throughout our business and personal lives. Your personal financial well-being can be significantly disrupted by having your credit card numbers stolen, and your business can be crippled by a user accidentally letting loose a ransomware attack by clicking on a link that appeared to be emailed from a trusted source. 

Law firms, like any other business, grapple with the ever-present threat of technology-related risks. Every firm has assets, encompassing data, software, systems and users, and each has unique vulnerabilities. Threats, especially from bad actors, compound the risk.

In 2024, we know that risk mitigation involves modifying and reducing risk when it is not possible to eliminate it, just like wearing a seat belt in a car. Risk transfer, risk avoidance and risk acceptance contribute to a holistic risk management strategy. Consider the following elements for your risk mitigation plan in the year ahead.

1. Asset Inventory

A complete asset inventory is foundational to risk mitigation at any law firm. Identifying and understanding assets, from workstations to servers and applications, is crucial. Knowing where critical data resides and implementing security controls accordingly ensures comprehensive protection. The success of other security controls is dependent on an accurate asset inventory. Inadequate asset inventory can lead to a false sense of security and increase vulnerability.

2. Life Cycle Management

Managing the life cycle of your firm’s hardware and software assets, from planning to decommissioning, is imperative. Regular upgrades and adherence to manufacturer guidelines prevent end-of-life vulnerabilities. Life cycle management minimizes technical debt, ensuring cost-effective and secure operations.

3. Patch Management and Vulnerability Management

Continuous patch management is essential for closing vulnerabilities within applications and safeguarding systems. Vulnerability management complements patching by identifying missed updates, zero-day vulnerabilities and software updates not covered by patching, ensuring overall network security. The cost of regular patching and vulnerability management at your firm is significantly lower than navigating the aftermath when your systems are compromised.

4. Ransomware and Reputation Management

Ransomware threats have evolved beyond encrypting data. Attackers now target brand and reputation, adding a new dimension to the risks. Strong patching and vulnerability management controls help to prevent lateral movement by attackers, protecting client data and your firm’s reputation.

5. Identity and Access Management

User credentials are a common target for attackers. Identity and access management, including strong password policies and multifactor authentication, are crucial. The principle of least privilege ensures users have access only to necessary resources, and inactive accounts should be regularly reviewed and disabled.

6. Network Segmentation

Network segmentation, particularly isolating guest networks from internal resources, enhances security. Limiting access between internal resources further mitigates risks. Prohibiting Internet of Things (i.e., the cloud) and personal devices on your firm’s main network reduces potential vulnerabilities and points of entry.

“Employees have a significant role in mitigating risks and preventing security incidents through adherence to best practices and vigilant behavior.”

7. Mobile Device Management and Conditional Access

Mobile device management and conditional access policies provide additional layers of security at your firm. Managing and controlling access based on device compliance enhances overall risk mitigation.

8. Incident Response Plan

An effective incident response plan that is regularly practiced through tabletop exercises is essential for law firms. A structured plan can minimize the impact of security incidents and facilitate a swift and coordinated response. It’s important to regularly practice and update your firm’s incident response plan to ensure its effectiveness and that all employees involved know their roles.

9. Employee Training and Awareness

As threats to data security are constantly changing, ongoing cybersecurity training and awareness programs for law firm staff are a necessity. Employees have a significant role in mitigating risks and preventing security incidents through adherence to best practices and vigilant behavior. Cultivate a cybersecurity-conscious culture within your firm.

10. Regulatory Compliance and Legal Obligations

Be aware of the relevant laws that affect law firms today, such as the European General Data Protection Regulation, California Consumer Privacy Act, the ABA’s Model Rules of Professional Conduct and state privacy laws. Compliance with these regulations is essential for mitigating risks, avoiding legal repercussions and building client confidence by proactively protecting personal data.

11. Third-Party Risk Management

Know there are risks associated with third-party vendors and service providers in the legal industry. Conduct thorough due diligence when engaging third parties and implementing contractual safeguards to protect sensitive data. Complete vendor risk assessments to ensure the vendor meets your requirements prior to introducing new products to the environment.

12. Continuous Monitoring and Threat Intelligence

Continuous monitoring tools and threat intelligence solutions can help firms detect and respond to emerging cyberthreats in real time, lessening damage to data and reputation.

In the complex realm of legal technology, mitigating risks demands a multifaceted strategy. The interconnected nature of risk components necessitates a comprehensive approach. Law firms must stay proactive, incorporating asset management, regular life cycle updates, robust patching and vigilant identity and access controls.

If the steps needed to mitigate risk, ensure client confidentiality and protect the firm’s reputation seem daunting, consider engaging a third-party expert to guide you through the process. By adopting these strategies, your firm can navigate the digital landscape with resilience and confidence, safeguarding sensitive information and maintaining the trust of clients and stakeholders.