In today’s increasingly digital legal environment, cybersecurity is not just a technical issue—it’s a professional responsibility. The Florida Bar has taken a significant step in emphasizing this with Recommendation 25-1, which highlights the need for attorneys and law firms to take greater responsibility in managing the risks associated with their technology vendors and IT infrastructure.
What Is Florida Bar Recommendation 25-1?
Florida Bar Recommendation 25-1 stems from the Bar’s focus on ethical obligations surrounding technology competence and data security. It recommends that law firms:
“Exercise due diligence in selecting technology vendors and ensure those vendors implement appropriate safeguards to protect client confidentiality and data.”
This recommendation echoes ABA Model Rule 1.6(c) and Comment 18, reinforcing the need for lawyers to act competently when using technology, especially when outsourcing IT functions or utilizing cloud-based services.
Why This Matters for Florida Law Firms
Law firms are high-value targets for cybercriminals due to the sensitive and often privileged information they handle. In Florida, failure to adequately protect client data may not only lead to reputational damage and operational disruption but also trigger ethical violations under Rules 4-1.1 (competence) and 4-1.6 (confidentiality) of the Rules Regulating The Florida Bar.
Recommendation 25-1 effectively puts law firms on notice: ignorance is no longer an excuse. Firms must vet and continuously monitor IT providers to ensure they follow industry best practices for data security, availability, and compliance.
Key Steps Law Firms Should Take Now
- Evaluate Your Current IT Provider
Start by reviewing your existing IT vendor relationships. Do they have a cybersecurity policy? Are they offering proactive monitoring, encryption, secure backups, and compliance support? You should request documentation of their security practices.
- Conduct a Vendor Risk Assessment
Due diligence involves more than a basic background check. Your firm should:
• Review the vendor’s SOC 2 or similar compliance reports.
• Evaluate data access controls and encryption standards.
• Ask about their incident response plan and breach notification policies.
• Ensure they carry cyber liability insurance.
- Formalize Contracts with Security Provisions
Engage legal counsel to ensure contracts with IT vendors include:
• Clear service level agreements (SLAs).
• Confidentiality clauses tailored to legal data.
• Data ownership and retrieval terms.
• Termination provisions with data security considerations.
- Implement a Cybersecurity Policy
Having a documented internal cybersecurity policy is no longer optional. Work with your IT provider to build policies covering:
• Device and password management.
• Remote work protocols.
• Data retention and destruction policies.
• Employee training and phishing simulations.
- Choose a Legal-Savvy IT Partner
Select a Managed Service Provider (MSP) or IT partner that understands the unique needs of law firms. Look for providers with:
• Experience in the legal industry.
• Understanding of Bar requirements and ethical obligations.
• Proactive, not reactive, support models.
• Ability to assist with compliance, audits, and disaster recovery planning.
Final Thoughts
Florida Bar Recommendation 25-1 is more than a suggestion—it’s a call to action. Law firms must embrace a proactive approach to technology and vendor management to maintain client trust and stay ethically compliant. The right IT partnership can be a strategic advantage, protecting your firm from cyber threats while supporting compliance with legal and professional standards.
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Need Help Navigating Vendor Compliance?
If your firm is unsure where to start or needs help evaluating or transitioning to a secure IT provider, consider partnering with professionals who specialize in legal IT services. It’s time to treat cybersecurity as a matter of professional duty—not just technology.
