While major technology outages are rare, their impact on the legal sector can be profound. Recent disruptions involving Microsoft and CrowdStrike have underscored the legal and commercial risks posed by such failures.
As technology becomes more deeply integrated into every aspect of legal practice, from case preparation to virtual hearings, the importance of security and resilience has never been clearer.
The impact of an outage
Technology is no longer merely supporting the practice of law, in many cases it is foundational to legal processes and systems. It is woven throughout the entire litigation and arbitration lifecycle, for example. Integrated platforms facilitate everything from bundle sharing and the electronic presentation of evidence to real-time transcription and virtual participation during hearings. Ensuring the reliability of these systems is as vital as securing client data.
The stakes are particularly high for law firms due to the significant volume, sensitivity, and value of the client data they handle. A technology failure or security breach is not merely an inconvenience; it can erode client trust and threaten the integrity of legal proceedings. In high-stakes arbitration and litigation, even minor delays can influence outcomes, potentially jeopardising clients’ interests. Therefore, law firms must adopt a proactive stance in identifying and mitigating technological risks to ensure that proceedings are conducted smoothly and securely.
Client expectations
In the Middle East, various data protection laws apply to those entrusted with client data, but mere compliance with law may not satisfy increasingly security-conscious clients. According to research by Norton Rose Fulbright, a significant portion of in-house general counsel felt more exposed to cybersecurity and IT risks in 2023, with only 13% feeling less exposed. This heightened awareness means clients are now looking for legal advisors who not only comply with regulatory obligations but also demonstrate a robust, security-first mindset.
Strategies that support security and enhance IT resilience
For law firms, security strategies should account for potential vulnerabilities and failures both internally and externally. A holistic approach spans across all departments and functions, as well as across the suite of solutions used to manage the business of law.
1. Cultivate a security-first mindset
Education and awareness are essential to cultivate a security-first mindset. The technical aspects of security and privacy can be complex, but every professional within a law firm needs to understand emerging threats and how their actions contribute to overall resilience. Security should not be siloed within compliance or IT departments; it must be a shared responsibility across the entire firm, from junior associates to senior partners. Comprehensive, firm-wide training is essential to ensure that all legal professionals have the knowledge and tools to uphold the highest security standards.
2. Vet your legal tech vendors
In addition to internal training, law firms must also rigorously vet their technology providers. Security should always be a priority when partnering with any technology vendor or third-party provider that has access to or manages sensitive client data. Law firms should conduct thorough legal tech security due diligence. It is also crucial to confirm that providers hold security certifications, maintain compliance, and have recovery plans.
3. Ensure security standards across your ecosystem
Modern law firms often use many platforms with varying levels of security across many functions. This complexity is amplified when collaborating with other parties on complex matters. For example, data in a secure file-sharing platform could be compromised if it is later transmitted through an unsecured messaging system. Therefore, it is essential that all technology used in legal proceedings, whether for internal use or collaboration with external partners, adheres to the same stringent security standards.
4. Extend security to proceedings
In legal proceedings that involve both remote and physical participation—such as hybrid hearings—collaboration is necessary from the outset to ensure compatibility and security. Physical spaces must also adhere to strict data security standards, including secure internet connections, controlled access to sensitive areas, and robust data handling procedures. Coordination helps avoid potential disruptions and ensures that security practices are consistent across all platforms and environments.
5. Build recovery plans proactively
Despite best efforts, outages and technological failures can still occur. In such cases, having a comprehensive recovery plan is critical. Law firms need to understand the specifics of these plans, including who manage the incident, what support resources are available, and how to discuss outages with clients. Regular reviews and updates to these plans ensures effectiveness and adaptability to evolving challenges.
6. Review court and tribunal protocols
It is also important for legal teams to familiarise themselves with the processes and protocols of the courts or tribunals they engage with. Each institution may have specific procedures and guidance to court notification for handling technological disruptions or outages. Understanding these processes in advance ensures the swift resolution of any issues that arise. Collaboration with technology providers can further align these protocols with a firm’s recovery plan, ensuring a seamless approach to managing disruptions.
As the legal sector continues to embrace technology for its substantial benefits to productivity, collaboration, and client service, preparedness will be key to ensuring success. By fostering a security-first mindset, vetting vendors, establishing security standards, ensuring secure proceedings, creating a recovery plan, and aligning with institutions law firms can establish the resilience necessary to face any technological challenge. Not only will these strategies ensure that firms can manage the unlikely event of a disruption, but it will also reinforce their reputation as reliable and secure partners—crucial for maintaining client trust.
By Shannon Ng, former tech lawyer turned Opus 2 client relationship manager.
