Cybersecurity, Law, and Ethics for Lawyers: Secure Yourself, Your Family, Firm, and Clients (November 2023 for WCBA)
by John Bandler
This is a landing page for my live and virtual CLE for The Westchester County Bar Association (WCBA) on Wednesday November 15, 2023 at 6:00 pm (virtual). 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"). WCBA administers the CLE accreditation and credits, I just present the materials.
The registration will be handled by WCBA
CLE materials include
- My speaker bio
- A PDF of the slide deck will be made available for download shortly after the presentation here ** Cybersecurity Law Ethics CLE Bandler for WCBA 2023-11-15 rev 11-15 pdf4x **
- Cybersecurity Tips from John Bandler (one page tip sheet)
- Bandler's Four Pillars of Cybersecurity
- The Three Priority Cybercrime threats to protect against, including:
- Identity theft
- Technology basics
- Introduction to Cybersecurity and Information Security
- Cyber Insurance
- Cybersecurity Laws and Regulations Part 1
- Cybersecurity Laws and Regulations Part 2
- Five Components for Policy Work
- 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)
- Attorneys Know Your Client (and beneficiary)
- Cybersecurity for attorneys (these materials kept updated plus a short article)
Externally published articles by John about cybersecurity, law, and lawyers
- Attorneys on alert for cybersecurity threats: New York's new CLE training requirement, John Bandler, Reuters Legal News, July 19, 2023, hosted here and available at Reuters at https://www.reuters.com/legal/legalindustry/attorneys-alert-cybersecurity-threats-new-yorks-new-cle-training-requirement-2023-07-19/
- 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 Model Rules, https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents/
- Cornell's LII on the Model Rules of Professional Conduct, https://www.law.cornell.edu/wex/model_rules_of_professional_conduct
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)
NYS CLE rules
- General CLE information from NYS Courts: https://ww2.nycourts.gov/attorneys/cle
- NYS CLE Program rules here and NYS CLE Regulations & Guidelines here
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
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 2017 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.
I enjoy the intersection of law and cyber, and speak to attorneys about cybersecurity and technology and law, and to information security and information technology professionals about law.
To explore more of this site:
This page is hosted at https://johnbandler.com/cybersecurity-law-ethics-cle-for-wcba-2023, copyright John Bandler all rights reserved.
Posted 9/29/2023 (building on prior work and Cybersecurity for attorneys). Updated 11/16/2023.