The Oklahoma Bar Journal December 2024

competent representation to their clients, necessitates that lawyers develop and maintain an under standing of the benefits and risks associated with relevant technolo gies. Lawyers also have obligations under Rule 1.6(c) of the ORPC to protect client confidentiality by taking steps to prevent “the inadver tent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” Comment 16 to that rule goes further by suggesting that this obli gation is not limited to merely avoid ing disclosures of client information. It can also be understood to impose an affirmative obligation on lawyers to implement reasonable proce dural and technological safeguards designed to prevent inadvertent or unauthorized access to or disclosure of client data. Comment 17 to Rule 1.6 of the ORPC similarly requires lawyers to take reasonable precau tions to protect client information in transit. While these obligations are specific to Oklahoma, the ORPC – like the rules of professional conduct of many other U.S. jurisdictions – are based on the ABA Model Rules of Professional Conduct, and these

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL