The Wisconsin Rules of Professional Conduct were amended in 2016 to change the language in SCR 20:1.6, which is Wisconsin’s confidentiality rule. It is not accurate to say that a lawyer becomes automatically responsible if someone hacks into the lawyer’s computer system and gets access to client information. But it is important to understand that lawyers have a heightened duty to protect the confidentiality of client information, whether from an inadvertent disclosure of the information or an unauthorized access to the information. This does not mean that the lawyer is the “guarantor” of the confidentiality of all information, but it does mean that lawyers must be much more cautious and take reasonable steps to protect client information. New language, which took effect Jan. 1, 2017, has been added to SCR 20:1.6 Confidentiality. The new language in subsection (d) states as follows: “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.” Learn More at State Bar of Wisconsin‘s website.
