ABA publishes guidance 'reaffirming' duty of lawyers to notify clients of data breaches

The American Bar Association's Standing Committee on Ethics and Professional Responsibility published new guidance Wednesday “reaffirming” the duty of lawyers to notify clients of data breaches stemming from cyber attacks, and emphasizing the importance of law firms having a plan in place to address data breaches ahead of them occurring.

The ABA's Formal Opinion 483 requires lawyers to stay “consistent” with already approved ABA “model rules of professional conduct” that mandate lawyers to keep clients “reasonably informed” about the...