Texas Supreme Court Order amends Comment 8 to Texas Disciplinary Rule 1.01

On February 26, 2019, the Texas Supreme Court, amemded TXDR 1.01, “Competent Diligent Representation” to highlight the “risks and benefits of relevant technology” with the admonition that lawyers “should strive to become and remain proficient and competent in the practice of law.”

Steps Lawyers should take regarding electronic communications

1. Understand the nature of the threat.
2. Understand how client confidential information is transmitted and where it is stored.
3. Understand and use reasonable electronic security measures.
4. Determine how electronic communications about client matters should be protected.
5. Label client confidential information.
6. Train lawyers and non-lawyer assistants in technology and information security.
7. Conduct due diligence on vendors providing communication technology.

ABA Opinion 483: Lawyers’ Obligations after an Electronic Data Breach

1. Obligation to monitor for a data breach.
2. Stopping the breach and restoring systems.
3. Determining what occurred.
4. Provide notice of data breaches involving, or having a substantial likelihood of involving, material former or current client confidential information.

The oblications suggested under Opinion 483 are in addition to any other state or federal law that may generlaly

Text of this page was adopted from article by Jett Hanna, appearing on the TLIE website, (March5, 2020) Amended Comment 8 to Rule 1.01 brings lawyer technological competence to the forefront, https://www.tlie.org/amendedcomment8/ (viewed 2020-03-02)