A Rule 1.6 Technology Audit: What is it? Part 1

Subject to certain exceptions, Rule 1.6 requires that lawyers “not reveal information relating to representation of a client without the client’s informed consent….”  Much of the “information relating to representation” covered by Rule 1.6 is in digital form.  It is reasonable, isn’t it, to require lawyers to know where digital information relating to representation of their clients is stored and who has access to it.   The purpose of a Rule 1.6 Technology Audit is to answer those questions in writing within a reasonable degree of certainty.  One question is “within a reasonable degree of what kind of certainty?”  Lawyers, most of us, are not technologists.  Who can provide reliable information about how secure digital information is?  More in a later post.