Protecting client information is an ethical duty all attorneys must take seriously.
So in a world where online file sharing tools are commonly used by attorneys, the question has to be asked: Can applications like Dropbox be trusted?
The answer, unfortunately, is a resounding no.
Even though many lawyers use Dropbox to share files, there are several well-documented reasons you shouldn’t. Doing so could pose a threat to attorney-client privilege.
Here’s everything you should know about Dropbox lawyer confidentiality.
Should You Worry About Dropbox Lawyer Confidentiality?
Yes, you should. Especially because so many attorneys—one study found that 58 percent—use tools like Dropbox to share files.
Online file sharing tools like Dropbox, Box, OneDrive and Google Drive all pose a risk to attorney-client privilege. It’s easy to assume the risk is relatively low, and that it won’t happen to you. But even one incident can prove costly.
The infamous 2017 Harleysville Ins. Co. v. Holding Funeral Home, Inc. lawsuit is a great example. Insurer case files were left unprotected on Box, an online file sharing app similar to Dropbox, and ended up in the hands of the defense. [*]
The judge, who ruled in the defense’s favor on the case, in this case used this analogy:
[Plaintiff] has conceded that its actions were the cyber world equivalent of leaving its claims file on a bench in the public square and telling its counsel where they could find it.
It is hard to [imagine] an act that would be more contrary to protecting the confidentiality of information than to post that information to the world wide web.
This isn’t just proof that it’s easy to expose client data using tools like Dropbox. It’s also an example of how the courts see such negligence, and the possible outcome of the risks you’re taking.
Risks of Online File Sharing For Lawyers
Sharing files online is the quickest way to get client information from one party to the next. Here are some of those risks, as well as how they could especially affect personal injury attorneys.
Security Breaches
Dropbox is commonly used by attorneys. But that doesn’t make it a safe place to keep your client’s files.
In fact, there have been a number of security breaches on Dropbox since it’s creation in 2007.
The same goes for other platforms like Google docs. Data breaches in the first half of 2019 alone gave hackers access to over 4.1 billion documents. [*]
Regardless of where you’re housing your documents, cloud-based technology is still in its infancy and learning how to protect itself against foreign invaders.
Your best bet is to use an online file sharing tool that encrypts documents and requires identity verification.
Risk of Human Error
Human error can be just as risky as hackers or security breaches.
Even if these platforms were 100-percent secure, most of us, at some point or another, have received access to files that we either didn’t belong in. Normally we don’t think twice about it.
But what if these files contained important client documents?
One of your employees could accidentally grant access to unauthorized parties, forget to password protect documents (like in the Harleysville case) or forget to delete documents before sharing a new file.
The threat of this goes up exponentially if you’re part of a big law firm. The more people with access, the higher the chance of human error.
Email Is Not A Better Solution
Many attorneys, knowing what’s at stake if client data is exposed accidentally, prefer sending emails to using Dropbox. But statistics show this is even riskier.
One study found that 80 percent of lawyers consider files being accessed by unauthorized parties consequential—yet a significant percent of the same group of attorneys continued to use unencrypted emails (89%) and internet portal services like Dropbox (36.5%) to transfer information. [*]
The simple truth is that most emails are not encrypted, meaning they are much easier to intercept when being sent.
The Nature of Personal Injury Claims
Personal injury claims require the client, medical provider and attorney to all be on the same page. Otherwise time is wasted and the case can take years to resolve.
Seamless communication can be hard to manage. And additional parties only increase the risk that information could end up in the wrong hands.
And depending on which state you live in, a breach of attorney-client privilege could result in:
- Be required to undergo mandatory legal training
- Be publicly reprimanded
- Receive a temporary suspension
- Be faced with a civil suit by your client
Suffice it to say, it can’t hurt to take additional security measures as a personal injury attorney. Your business and personal reputation depend on it.
But since online file sharing is convenient and saves time, you also need a solution that doesn’t require you to make a hundred phone calls.
Safe and Secure Online File Sharing
Sharescape offers a solution that allows you to stop worrying about Dropbox lawyer confidentiality. And it might surprise you to learn the product is free for lawyers.
Medical providers pay a small fee based on the number of client cases they will be housing. Integration is seamless between platforms making it a win for all parties involved!
Request a demo today to see how ShareScape can help connect your law firm to medical providers.