Law firms are increasingly being targeted by hackers—criminals who access digital files illegally for personal gain. They may demand a ransom from the law firm or sell sensitive client information to other bad actors.
Cybersecurity is the set of practices that protect networks and computing devices from these digital attacks, also known as cyberattacks. This cybersecurity guide shares critical information for preventing unauthorized access to your law firm's confidential data. We will cover common cyber threats to law firms, how to create a cybersecurity policy for law firms, and the eight best digital protection strategies every personal injury firm should implement.
Why Is Cybersecurity Important for Personal Injury Law Firms?
Personal injury law firms store clients’ medical information as well as financial and identity details. Allowing this data into the wrong hands can be expensive and embarrassing—for both the firm and its clients. The incident could create HIPAA (Health Insurance Portability and Accountability Act) violations, prompt client lawsuits, undermine the firm's reputation, and stifle business expansion.
Eric Buhrendorf, technology and information security leader at The Cigna Group, says law firms of all sizes should recognize and manage cyber risks. “Cybersecurity is something that everyone from a solo practitioner to a large law firm should be engaged in,” Buhrendorf explains.
Common Cyber Threats to Law Firms
Annual survey data from the American Bar Association (ABA) confirms that more firms are experiencing security breaches, including hacks and digital exploits. In 2021, 25% of survey respondents admitted to a security breach at their firm. The number rose to 27% in 2022 and 29% in 2023.
Law firm cyberattacks can be ambitious and destructive. In 2024, Florida business law firm Gunster agreed to pay $8.5 million to settle a class-action lawsuit prompted by a cyberattack. As reported by Reuters, the incident exposed the personal information of nearly 10,000 people. Gunster reported that the stolen data "varied by individual and included name and one or more of the following: date of birth, Social Security number, driver's license number, passport number, government-issued identification number, financial account information, and medical information."
Gunster did not share how hackers retrieved the information. However, law firm cyberattacks can take several forms. Three common ones are phishing attacks, ransomware, and insider threats.
- Phishing attacks use impersonation to trick people into sharing passwords and other confidential information. In one case, a defense firm received phony settlement instructions from someone pretending to be the defendant. The firm then wired $500,000 to the wrong account.
- Ransomware is software that infiltrates networks and then demands a fee to return data or to restore systems. New York law firm Heidell, Pittoni, Murphy & Bach (HPMB) was fined $200,000 after a ransomware attack exposed information on 114,000 people. The firm paid a $100,000 ransom during the attack, but the hackers never confirmed they had deleted the data.
- Insider threats are attacks initiated by someone with authorized network access. Insider attacks can be intentional or accidental. A disgruntled employee may intentionally access sensitive data as a revenge act. Accidental insider attacks can happen when an employee falls for a phishing scam.
Ethical and Legal Obligations
Lawyers must protect client data under Rule 1.6: Confidentiality of Information in the ABA's Model Rules of Professional Conduct. Under the rule, lawyers cannot share client information without informed consent or mitigating circumstances, such as the risk of death. The rule also states, "A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client."
Cybersecurity protocols fall under "reasonable efforts." Poor digital security practices can result in hefty fines and reputation damage. In the HPMB attack, the firm had failed to install an available security patch that would have prevented the breach. The judge who fined HPMB cited "poor data security" as a factor.
Larger hacks have prompted class-action lawsuits with larger settlements. Gunster's $85 million settlement is an example. Another U.S. law firm, Orrick, Herrington & Sutcliffe, agreed to an $8 million settlement in 2024 after a data breach.
Steps for Building a Cybersecurity Policy for Your Firm
There is no generic cybersecurity policy for law firms. Personal injury firms that don't have a cybersecurity policy must design one that fits their situation. To get started in this process, follow the four steps outlined below.
Step 1: Define Roles and Responsibilities
To start, create a cybersecurity team. Define who oversees the firm's cybersecurity program and which team members play supporting roles. Be sure to also create a reporting structure for handling threats and breaches.
Step 2: Set Data Access and Protection Rules
Next, analyze the data your firm stores alongside the firm's organizational chart. Data should be available to your team members on a "need-to-know" basis. For example, lawyers only need full access to the case files they manage. Administrative team members may not need access to sensitive data, including client medical information.
Design and implement a data access hierarchy. You can enforce the hierarchy with unique logins, multi-factor authentication (MFA), and encryption on stored and transmitted data, including passwords.
Step 3: Develop an Incident Response Plan
An incident response plan is a primary component of cybersecurity for law firms. The response plan defines the steps for handling cyber threats plus the triggers that activate different phases of the plan. Phases might include internal reporting, containment, recovery, and external reporting.
- Internal reporting describes how the team notifies company stakeholders of a breach or threat.
- Containment includes the process of closing the security gap and limiting data loss or damage.
- Recovery covers the steps following the attack, such as bringing the system back online and restoring data from backups.
- External reporting involves notifying external stakeholders and those affected by the attack.
Step 4: Implement Vendor Security Requirements
Software vendors must comply with your firm's cybersecurity protocols. They can do so by supporting unique logins, MFA, and encryption on stored and transmitted data. Vendors must also have a proactive security approach. Cyber threats are evolving, and law firm cybersecurity best practices must adapt.
In this environment, your firm requires vendors with a security-first mindset who care deeply about being trusted partners. If you detect a threat or a security gap, you want your vendors to work quickly to keep the firm's data safe.
8 Best Practices for Improving Cybersecurity at Your Law Firm
If you already have a cybersecurity policy, review it against the following personal injury law firm cybersecurity best practices. These action items can improve data safety and your team's ability to handle threats.
1. Develop an Incident Response Plan
Personal injury firms need formal incident response plans to enable quick, decisive action after a threat is detected. A well-documented plan can limit financial and reputational consequences for the firm and its clients.
The plan outlines actions, roles responsible for actions, and triggers. Cybersecurity firm Crowdstrike also recommends including metrics to measure the plan's effectiveness. Metrics could include response timing, incident frequency, and the number of incidents that escalate through each phase of the plan.
2. Undergo Employee Training and Awareness
Every team member, from technology managers to summer interns, can participate in the firm's cybersecurity program. Anyone who sees or experiences a potential cyber threat should feel empowered to report it.
Training programs support this goal. Training can cover the types of law firm information security issues employees may see, steps to verify the legitimacy of emails and other communications, and how to report suspected vulnerabilities.
3. Use Multi-Factor Authentication (MFA)
MFA adds a layer of user verification after the password. For example, MFA may require users to log in with a code sent via text or email. Buherndorf says, "Two-factor authentication is the best thing you can do to secure your accounts.” You can learn more about cybersecurity for law firms from Buherndorf in this webinar.
4. Get Cyber Liability Coverage
Cyber liability insurance helps cover the costs of digital attacks. Depending on the carrier and policy, the coverage could pay for lost income, data recovery, customer communications, technology repair, and litigation expenses. Some insurers also provide education and other resources to round out your team's cyber defense skills.
5. Conduct a Routine Risk Audit
A cybersecurity risk audit evaluates your firm's digital security measures to identify weaknesses. The audit should review security practices, procedures, case and matter management software, hardware, and systems to identify vulnerabilities and threats.
Plan on auditing your cyber risk at least once annually. Large personal injury firms with complex systems and vast client bases may need to audit risk two to four times annually.
6. Implement a Secure Client Portal
A misplaced smartphone is a law firm information security breach if that device can access client information. A dedicated, secure client communication portal replaces text messaging, thus limiting data shared to smartphones. These portals also prevent overheard conversations and hide messages from home screens where wandering eyes can see them.
7. Ensure Your Data Is in the Cloud
Is the cloud safe for law firms? The answer is yes. Cloud providers are security experts. They employ professionals dedicated to identifying and implementing the most effective protocols in the current threat environment. Cloud storage for law firms with encryption and automatic backups is generally more secure than physical servers. Physical servers typically don’t have the security protocols deployed on the cloud. Physical servers can also be picked up and carried away, causing immediate and possibly permanent data loss.
8. Use a Trusted Case Management Software
The quality of your firm's case management software directly influences your cyber protection level. A reliable case management application like CASEpeer will comply with law firm security requirements and incorporate role-based access, audit logs, and intraday backups. These necessary security features keep your clients' sensitive data protected.
CASEpeer is the #1 trusted partner for personal injury firms, and the CASEpeer team takes that responsibility seriously—in part by implementing leading security features and protocols.
How CASEpeer Enhances Cybersecurity for Personal Injury Law Firms
Hackers increasingly target law firms to access sensitive and potentially damaging client information. Personal injury firms are particularly at risk because medical records are prevalent within their case files.
CASEpeer can strengthen your digital security defenses with the following law firm security requirements:
- Secure case management: Transmitted data is encrypted, keeping information secure. The secure client portal allows for safe and private messaging.
- Secure document and medical records management: Follow cybersecurity best practices with unlimited secure cloud storage for law firms, secure collaboration functionality, and rolling backups throughout the day.
- Access controls and permissions: Customize access controls to suit your team. CASEpeer supports user roles, so you can share case information only with those who need it.
To learn more about CASEpeer features that protect critical business and client information, schedule a demo today.