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Digital Transformation in Law: Key Considerations Underline the Necessities of Data Protection

Technology has become an integral part of the legal industry. 73% of firms, for instance, are noted to employ the use of legal tools that are cloud-based, the American Bar Association reveals. While this demonstrates the prevalence of tech in the legal industry, tools range from case and document management software to AI-driven solutions. Behind the implementation of new digital tools, however, security and privacy must be at the forefront of all operations. From the risks involved to the valuable security elements to look for, those in the law industry can successfully integrate digital tools into their practice with a few considerations.

A brief overview of the risks

Safety and security are critical components for any firm that aims to successfully adopt technology, regardless as to the tool used. This is especially critical when taking into consideration the risks involved. The prevalence of cybersecurity attacks alone is a major concern — in fact, Process Bolt highlights that up to 42% of law firms have witnessed a data breach, as per the American Bar Association. While the data particularly focuses on firms with 100 or more employees, cybersecurity issues can certainly occur within smaller operations, too. For example, the American Bar Association also notes that although 60% of firms have implemented “formal cybersecurity policies,” threats such as phishing and even ransomware are still a concern. Armed with deep rooted cybersecurity practices and due diligence in regard to the implementation of new tools, attorneys and firms can be prepared in the protection of client and business data. 

Checking all the boxes

Firms and lawyers that aim to assess digital tools for the sake of safety and privacy concerns must check all of the boxes. While network security is a great place to start (in addition to firm-wide cybersecurity practices like two-factor authentication), it’s crucial to consider a variety of aspects. Cloud security is just one critical element that must be prioritized. One Forbes post points out that as firms endeavor to “future-proof their practices,” aspects like cloud security will work to safeguard data as well as document storage. This is particularly important in remote environments, as sensitive data will be able to be accessed securely. Such due diligence will effectively support lawyers as the integration of tech-driven tools increases, though there are several other aspects of security and privacy to consider.

Project management software is just one popular tech-driven tool that helps boost efficiency for firms and individual lawyers alike, though it does pose a privacy risk when due diligence is left out of the equation. Due to the sensitive nature of client and case information, systems like document management software must balance safety and privacy in addition to productivity and efficiency. TechTarget notes that document management systems that are powered by artificial intelligence (AI) have a plethora of beneficial abilities, from the analysis of documents to the minimization of a human workload via manual efforts. While it’s noted that such systems can have issues in relation to accuracy (as well as AI hallucinations), there are some features to look out for when keeping security in mind. TechTarget goes on to recommend that a document management system (DMS) utilize both in-transit and at-rest encryption, as well as possess features such as role-based access, audit trails, and revision indexing. 

Disaster recovery is another prominent element of cybersecurity for firms, and should consist of a comprehensive plan that involves backup and recovery methods for data in the event that an attack or other security issue arises. As such, routine risk assessments, software updates, and cybersecurity evaluations are all essential elements. Beyond this, a positive culture surrounding cybersecurity and privacy is equally as important among all at the firm. Armed with best practices such as strong passwords and two-factor authentication (in injunction with legal and ethical practices), lawyers can use new digital tools in a safe and secure way.

Harmony is a valuable element

While various digital tools can prove to be of great value to attorneys and firms alike, due diligence in regard to tech adoption can also involve a balance between both new tech tools and the “old-fashioned,” human-led approaches. This is especially of concern in areas like document analysis and management. While tech tools like document management systems can make a difference in the management of documents as a whole, it is possible to prioritize the value of human intelligence in order to carry out various processes in the field in the best and most ethical way possible. 

For those in search of the right digital tools to use in a legal atmosphere, there are tools that combine tech-led solutions with a focus on human expertise. Request for proposal (RFP) documents are just one area of consideration. For example, attorneys may use an RFP for the enlistment of another firm or expert for a specific project. RFPHub.com is just one resource that provides helpful, free RFP templates that are created by industry experts. With a healthy variety of templates that span a number of industries (from cybersecurity to artificial intelligence and beyond), there are no shortage of options to choose from in order to ensure the right solution. While such resources can be of immense help, some AI-led solutions are able to analyze the RFPs in order to determine the best contender. In addition to the security considerations, however, it’s crucial to also keep in mind the value that human eyes can have in the personal reviewing of these forms. As such, a balance between tech and human solutions can often result in a win-win situation, with the priority placed on efficient and thoughtful operations.

Technology-driven tools have become an integral part of business for lawyers and firms alike. With many relying on solutions like document management systems, it’s crucial to carry out due diligence when it comes to aspects like security and privacy.

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