In today’s digital age, the volume of data generated and managed by law firms has skyrocketed, presenting both opportunities and challenges. Unfortunately, in parallel with this exponential growth in data, and partially as a direct result of it, law firms have also experienced a significant increase in targeted cyberattacks.[1]

Legal entities have become highly valuable targets for cyberhackers for two reasons.[2] First, firms routinely store client data, including customer PII and HIPPA information, patent and trademark applications, and financial transaction records, just to name a few categories. And second, law firms are viewed by cyberhackers as less secure than end clients due to their comparative size. Why risk hacking a 10,000-employee financial organization with a robust security team when you can hack their outside counsel, a firm with 50 attorneys and a 3-person IT department?

As a result of this increased risk, information governance has emerged as a critical strategy for law firms to effectively manage, secure, and leverage their data assets. However, implementing IG in a law firm setting is a complex endeavor that requires careful planning and execution. It encompasses creating policies, procedures, and technologies to ensure that information is accessible, reliable, and compliant with regulations and organizational policies.

In this article, we will discuss why a robust IG program is critical to modern-day law firm operations, the complexities associated with crafting such a program, and what a high-level roadmap for implementing the program looks like.

 

Top Reasons Why IG is Crucial for Law Firms:

  • Minimizing Legal and Regulatory Risks: Effective IG minimizes the risk of legal penalties, regulatory sanctions, and reputational damage arising from data breaches, non-compliance, or mishandling of confidential information.
  • Improving Operational Efficiency: Streamlined data management processes and standardized workflows optimize operational efficiency, enabling faster case resolution and better client service delivery.
  • Enhancing Data Security: Rigorous IG measures, including encryption, access controls, and data encryption, bolster data security, reducing the risk of unauthorized access or data breaches.
  • Facilitating Knowledge Management: IG facilitates knowledge management by organizing and categorizing data assets, enabling easier retrieval of relevant information for legal research and case preparation.
  • Enabling Strategic Decision-Making: Well-governed data assets provide valuable insights that empower law firms to make informed strategic decisions, driving business growth and competitive advantage.
  • Demonstrating Compliance and Accountability and Strengthening Client Relationships: Robust IG practices demonstrate the firm’s commitment to compliance with legal and regulatory requirements, enhancing credibility and trust among clients, regulators, and stakeholders.

 

Understanding the Complexity of Implementing Information Governance:

Implementing information governance in a law firm involves navigating a myriad of complexities, including:

  • Diverse Data Sources: Law firms handle diverse data types, including legal documents, client records, emails, and multimedia files, each with its own unique governance requirements.
  • Regulatory Compliance: Law firms must comply with an array of regulations such as GDPR, CCPA, HIPAA, and legal industry-specific guidelines, adding layers of complexity to IG implementation.
  • Client Confidentiality: Preserving client confidentiality is paramount for law firms, necessitating robust data protection measures and access controls.
  • Legacy Systems: Law firms often grapple with legacy systems and disparate data repositories, making data discovery and management challenging.
  • Collaboration Requirements: Legal professionals collaborate extensively, requiring seamless data sharing while ensuring data security and compliance.

 

Crafting an Actionable Roadmap for IG Implementation:

To effectively implement information governance in a law firm, it is imperative to develop a comprehensive roadmap comprising the following key steps:

  • Conducting a Comprehensive Data Audit: Begin by conducting a thorough audit of all data assets, including their types, locations, access permissions, and retention requirements.
  • Defining Governance Policies and Procedures: Develop clear and concise governance policies and procedures tailored to the firm’s specific needs, addressing data classification, access controls, retention schedules, and disposal protocols.
  • Implementing Technology Solutions: Invest in robust technology solutions such as document management systems, data encryption tools, and eDiscovery platforms to facilitate IG implementation and enforcement.
  • Establishing Cross-Functional Collaboration: Foster collaboration between legal, IT, compliance, and other relevant departments to ensure alignment of IG initiatives with organizational goals and regulatory requirements.
  • Conducting Ongoing Training and Awareness Programs: Provide regular training sessions and awareness programs to educate employees about IG best practices, data security protocols, and compliance requirements.
  • Monitoring and Continuous Improvement: Implement mechanisms for ongoing monitoring, auditing, and evaluation of IG processes to identify areas for improvement and ensure sustained compliance with evolving regulations.

 

Conclusion:

The ultimate goal of IG is to extract value from information while mitigating the risks associated with managing it. By crafting an actionable roadmap and recognizing the complexities and importance of IG, law firms can effectively manage their data assets, mitigate risks, and capitalize on the strategic advantages offered by well-governed information. Embracing information governance as a key strategy not only ensures regulatory compliance and data security but also enhances operational efficiency, client trust, and long-term competitiveness in the legal industry.

 

[1] Simek, J. (2023) 2023 cybersecurity Tech Report, American Bar Association. Available at: https://www.americanbar.org/groups/law_practice/resources/tech-report/2023/2023-cybersecurity-techreport/ (Accessed: 29 March 2024).

[2] Bracken, B. (2023) It’s open season on law firms for Ransomware & Cyberattacks, Dark Reading. Available at: https://www.darkreading.com/cyberattacks-data-breaches/open-season-law-firms-ransomware-cyberattacks (Accessed: 29 March 2024).