Cybersecurity, Law, and Ethics for Lawyers: Secure Yourself, Your Family, Firm, and Clients (Oct 2023 for BKA)
This is a landing page for a live and virtual CLE for the Brooklyn Legal Services Corporation A (BKA) on October 16, 2023. You will find CLE materials listed below.
Attorneys will earn 1 CLE credit in "cybersecurity-ethics", officially known as "Cybersecurity, Privacy and Data Protection - Ethics". This means you get 1 Ethics credit and you get 1 NYS cybersecurity credit, all at the same time (e.g. "concurrently"). BKA administers the CLE accreditation and credits, I just present the materials. Non-attorneys will get valuable information that protects the organization, employees and clients.
The CLE login information will be distributed internally for BKA employees.
- If you are not a BKA employee, then please visit my general attorney cybersecurity page at: Cybersecurity for attorneys which has all the below resources plus a short article.
- What's BKA? Their website is https://bka.org/ and as they state, Brooklyn Legal Services Corporation A (Brooklyn A or BKA) advances social and economic justice and community empowerment through innovative, collaborative, neighborhood-based legal representation and advocacy.
CLE Materials include
- My speaker bio
- A PDF of the slide deck will be available for download shortly after the presentation ** right here **
- Cybersecurity Tips from John Bandler (one page tip sheet)
- Bandler's Four Pillars of Cybersecurity
- The Three Priority Cybercrime threats to protect against, including:
- Cybercrime
- Identity theft
- Technology basics
- Introduction to Cybersecurity and Information Security
- Risk
- Cyber Insurance
- Cybersecurity Laws and Regulations Part 1
- Cybersecurity Laws and Regulations Part 2
- Privacy
- Five Components for Policy Work
- Three Platforms to Connect (for compliance)
- Four Platforms to Connect (adding mission and business needs)
- Policy Checklist
- External Guidance
- Cybersecurity, Privacy, You, and Your Organization
- Cybersecurity and Working from Home
- Cybersecurity book overview page
- Cybercrime Investigations book overview page
- Cybersecurity Policy (Free Version)
- Cybersecurity related asset inventory forms you can use to inventory the information assets in your home or small organization (computer devices, data, accounts, network, etc.)
- Incident response
- Cybersecurity and Cybercrime Prevention (a comprehensive course outline, with extensive linked resources)
- Cybersecurity for attorneys (a short article followed by all CLE resources - including the CLE resources linked to here)
Longer articles by John about cybersecurity, law, and lawyers
- A Day in the Life of an Attorney: The Cybersecurity, Technology, and Crime Risks We Face, John Bandler, New York State Bar Association Journal, July/August 2018, Vol 29 No 6, https://johnbandler.com/a-day-in-the-life-of-an-attorney-cybersecurity-technology-crime-risks/
- Cybercrime and Fraud Protection for your Home, Office, and Clients, John Bandler. American Bar Association GP SOLO magazine, Volume 34, Number 5, September/October 2017, https://johnbandler.com/bandler-john-cybercrime-fraud-prevention-aba-gp-solo-septoct-2017/
- Prepare for and Plan Against a Cyberattack, John Bandler, American Bar Association Journal, July 2018, http://www.abajournal.com/magazine/article/prepare_plan_against_cyberattack
- Network Cybersecurity in Your Home and Office, John Bandler, American Bar Association GP SOLO Magazine, March/April 2018, Vol 35 No. 2, https://johnbandler.com/network-cybersecurity-home-office/
- Lawyers, Drugs and Money: AML in Popular Media, John Bandler, ACAMS Today, March 20, 2018, Vol 17 No. 2, https://www.acamstoday.org/lawyers-drugs-and-money-aml-in-popular-media/
- The Cybercrime Scheme That Attacks Email Accounts and Your Bank Accounts, John Bandler, Huffington Post, August 3, 2017, https://www.huffpost.com/entry/the-cybercrime-scheme-that-attacks-email-accounts-and_b_59834649e4b03d0624b0aca6, hosted here too.
ABA Model Rules
ABA Formal Opinions
- ABA Formal Opinion 477R (revised May 22, 2017), Securing Communication of Protected Client Information. https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba_formal_opinion_477.pdf
- ABA Formal Opinion 483 (October 17, 2018), Lawyers’ Obligations After an Electronic Data Breach or Cyberattack. https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba_formal_op_483.pdf
- ABA Formal Opinion 498 (March 10, 2021), Virtual Practice. https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba-formal-opinion-498.pdf
NYS Rules of Professional Conduct for Attorneys
The NYS Rules of Professional Conduct for Attorneys is found in the New York Code of Rules and Regulations (NYCRR) Title 22 (Judiciary) Part 1200 (Rules of Professional Conduct). Or, for short, 22 NYCRR 1200. Relevant are portions on the attorney duties of confidentiality, competence and more. You can find the rules here:
- NYS Rules of Professional Conduct on Westlaw (public access)
- NYS Rules of Professional Conduct via NYSBA with comments as amended through 8/2/2022
- New York State Bar Association (NYSBA), https://nysba.org/attorney-resources/professional-standards/
- NYS Courts - Legacy versions are readily available, individual orders are too, so this is not as helpful http://ww2.nycourts.gov/rules/jointappellate/index.shtml
NYS newish cybersecurity CLE requirement (order signed 6/10/2022, effective 1/1/2023 and 7/1/2023)
Attorneys admitted in NYS now must earn CLE in cybersecurity
- NYS Courts Categories of CLE Credit as Defined in the New York State CLE Program Rules 22 NYCRR 1500.2(c)-(h), https://www.nycourts.gov/LegacyPDFS/ATTORNEYS/CLE/NY-CLE-Program-Rules-22-NYCRR-1500.2c-h.pdf
- NYS Courts FAQs on Cybersecurity, Privacy and Data Protection, https://www.nycourts.gov/LegacyPDFS/attorneys/cle/Cybersecurity-Privacy-and-Data-Protection-FAQs.pdf
- NYS Courts Guidance Relating to the New Cybersecurity, Privacy and Data Protection Category of CLE Credit, https://www.nycourts.gov/LegacyPDFS/attorneys/CLE/Cybersecurity-Privacy-and-Data-Protection-Guidance-Document.pdf
- Joint Order of the Judicial Departments of the Appellate Division of the New York State Supreme Court adding a cybersecurity, privacy, and data protection CLE requirement amending Title 22 NYCRR 1500.2 et seq. (and sequence) at this link (too messy to spell out)
NYSBA Ethics Opinion
- New York State Bar Association, Committee on Professional Ethics, Opinion 842 (9/10/2010), Using an outside online storage provider to store client confidential information, https://nysba.org/ethics-opinion-842/, https://nysba.org/app/uploads/2010/09/Opn842.pdf
NYSBA's 2020 recommendation about cybersecurity training (their recommendation became a rule, so just see the rule above)
- NYSBA Recommends Cybersecurity CLE Requirement (2020), https://nysba.org/new-york-state-bar-association-recommends-cybersecurity-requirement-include-cle/
- NYSBA Report recommending cybersecurity CLE, https://nysba.org/app/uploads/2020/06/3.-Report-and-recommendations-of-Committee-on-Technology-and-the-Legal-Profession-Agenda-Item-9-with-comments.pdf
Learn more about privacy law
Learn about the CIPP/US certification and my course on privacy and cybersecurity law.
- About the CIPP/US Certification, How to Study for It, and Reference List
- My coupon code at the Infosec Institute
- Privacy (My simple blog article gets you started)
To explore more of this site:
John's CLEs for attorneys on cybersecurity
In 2017 my first book was published, Cybersecurity for the Home and Office, The Lawyer's Guide to Taking Charge of Your Own Information Security, from the American Bar Association (ABA). You can read more about that book here. I have written many articles for lawyers about law, technology, and cybersecurity. You can read more about my background in law, investigating cybercrime, and protecting with cybersecurity here.
Since then I have been providing continuing legal education (CLE) to attorneys about securing their information assets.
Some are afraid of technology and cybersecurity but should not be. It is a learning process and everyone can learn and improve.
More information on these CLEs here.
This page is hosted at https://johnbandler.com/cybersecurity-law-ethics-for-bka-2023, copyright John Bandler all rights reserved.
This is a page created for a specific CLE event, and after the event is over, this page will not be updated, so see Cybersecurity for attorneys.
Posted 6/26/2023 (building on prior work). Updated 09/13/2023.