10 Essential Cybersecurity Questions to Ask When Choosing a Litigation Support Services Partner

In today’s digital age, robust cybersecurity measures are not just optional, but essential for law firms. Discover the critical questions to ask when selecting a litigation support services partner to help ensure your sensitive case and client data remains secure.

Understanding the Rising Cybersecurity Threats in the Legal Industry

Cybersecurity threats are escalating, and the legal industry is no exception. According to the ABA’s 2023 Legal Technology Survey Report, nearly 30% of law firms reported experiencing a security breach—a worrying figure that highlights the vulnerabilities within the sector. Additionally, IBM’s 2024 Cost of a Data Breach Report reveals that the global average cost of a data breach has soared to $4.88 million, the highest recorded to date and a 10% increase from 2023.

Professional services organizations, including law firms, face even greater risks, with the average cost of a data breach reaching $5.08 million. High-profile breaches at three Am Law 200 firms in 2023 highlight how even prominent legal enterprises aren’t immune. These incidents serve as a stark reminder that robust cybersecurity measures are no longer optional but critical for the survival and credibility of any law firm.

The Ethical Obligation: ABA Model Rule 1.6 and Client Data Protection

Lawyers have an ethical obligation to safeguard client information under ABA Model Rule 1.6, which requires ‘reasonable efforts’ to prevent unauthorized access or disclosure of client data. Failing to detect or mitigate breaches not only violates this ethical duty but can also lead to costly lawsuits, reputational damage, and erosion of client trust.

Given the sensitive nature of legal work, law firms must prioritize cybersecurity to uphold their professional responsibilities and maintain client confidence.

Evaluating Litigation Support Services: What to Look For

When selecting litigation support partners for services like court reporting, record retrieval, or trial services, it’s imperative to thoroughly vet their cybersecurity measures. Partners must not only have comprehensive prevention strategies but also quick-response plans to mitigate any threats that materialize.

Key questions to ask include:

• Is your company HIPAA compliant?
• Has a SOC 2 Type 2 examination been conducted?
• What is your incident response plan?

These questions help ensure that the partner has robust security protocols in place.

Addressing AI-Related Cybersecurity Risks

The rise of Artificial Intelligence (AI) in the legal industry introduces additional layers of complexity and risk. While AI tools offer efficiency and innovation, they also present unique cybersecurity challenges, including potential vulnerabilities in AI modeling, data integrity, and decision-making transparency.

Legal professionals need to carefully evaluate how AI-driven tools and solution providers manage sensitive data to ensure their systems don’t inadvertently expose their practices, and thus clients, to risk.

Asking potential vendors questions like ‘How is your data managed?’ and ‘Are third-party penetration tests conducted on key systems?’ are crucial.

Download our cybersecurity checklist

To help you navigate the complexities of choosing a litigation support services partner, we’ve compiled a comprehensive cybersecurity checklist. This checklist covers essential questions to ask potential partners, ensuring you make informed decisions that prioritize your firm’s cybersecurity.