This CLE program provides attorneys with critical guidance on navigating the increasingly intertwined worlds of legal ethics, malpractice risk & cybersecurity. As law firms become prime targets for cyber threats, ethical responsibilities under the ABA Model Rules demand heightened awareness and action.
Led by attorney Jeff Cunningham — who defends lawyers and firms in malpractice and ethics cases — this course explores the blurred lines between ethics violations and cyber negligence. Through practical strategies and real-world examples, the course offers attorneys actionable methods to build ethical “guardrails” that protect both client data and professional reputations. Topics include vendor due diligence, cyber infrastructure, legal tech trends, client counseling on cyber duties, and enhancing law firm security teams. Participants will gain a deeper understanding of key ethics rules, including Competence (Rule 1.1), Confidentiality (Rule 1.6), Communication (Rule 1.4), and Supervision Responsibilities (Rules 5.1–5.3), as applied in the digital age. Attorneys will walk away with a playbook for proactive compliance — ensuring they meet ethical obligations while mitigating malpractice and cyber liability in a high-risk environment.
Learning Objectives:
• Identify and interpret key ethical rules—including ABA Model Rules 1.1, 1.4, 1.6, and 5.1–5.3—as they apply to cybersecurity responsibilities in legal practice.
• Distinguish between ethical violations and legal malpractice in the context of cyber risk, and recognize how blurred boundaries create new areas of liability.
• Develop practical strategies for cyber compliance, including building secure infrastructure, conducting vendor due diligence, and training legal staff and nonlawyer personnel.
• Evaluate their firm’s current cyber readiness and implement “ethics guardrails” to proactively reduce exposure to cyber threats and ethics grievances.
• Advise clients effectively on their own cybersecurity obligations, enhancing client service and meeting ethical duties under communication and competence rules.
Jeff Cunningham, Esq., actively defends lawyers and acts as outside General Counsel to small and mid-sized law firms across the United States, while also serving as this firm’s General Counsel. Jeff defends industry professionals in a wide range of professional liability, ethics and professional disciplinary matters. With an emphasis on simple systems of risk management, Jeff brings a holistic approach of protecting our clients before problems occur.