Video Conferencing For Lawyers: Privacy and Security Concerns

Key Takeaways About Video Conferencing for Lawyers

As social distancing has created a surge in need for video conferencing, law firms are utilizing video to continue their practice. Lawyers must take actions to help maintain the integrity of their attorney-client relationships when using any video conferencing service by:

• reviewing the service’s privacy policy; 

• understanding what data is being mined from users, and how that data is used;

• ensure the service offers “end-to-end” encryption and other industry-standard security features; and

• utilize all security features offered by the service to help secure individual 

Shelter In Place Creates Surge in Video Conferencing Needs

In the wake of the nationwide “shelter in place” orders, which have forced millions of Americans to work from home, many have looked to video conferencing to connect with clients, colleagues and even teachers.  As businesses that can and must still continue to operate, video conferencing for lawyers has become an important must for daily practice. 

Although video conferencing has been around for decades, the advent of increased broadband and Internet-based options have made video conferencing easier and more available. Video conference services such as Webex, GoToMeeting, Google Hangouts, Microsoft Teams, and Zoom have delivered conferences over the Internet for many years, particularly for technology-based companies and for online learning.  Only a fraction of traditional businesses regularly used these services, but because of the coronavirus outbreak, that has changed virtually overnight.  And now, video conferencing for lawyers has seen a surge in need.

The Legal Industry and Video Conferencing

Despite the legal industry’s well-deserved reputation for being late adopters of new technologies, law firms throughout the county are using video conferencing for everything from firm virtual meetings, networking, and even hearings and other official actions.  Unlike many other businesses, however, lawyers have significant obligations imposed by law and bar ethics rules regarding preserving client confidentiality.  As such, video conferencing for lawyers requires a heightened need for awareness of any potential security issues related to the use of such services.  

Unfortunately, because of the emergency caused by the virus-related shutdown, most attorneys have not stopped to consider these issues. And, as the emergency looks to continue for some time, continued video conferencing for lawyers will require law firms to consider the security of their video conferencing and ensure that they are secure and will protect the confidentiality of client information. 

Video Conferencing for Lawyers – Zoom Issues to Be Aware Of

Of the available options, Zoom seems to have become the “go-to” video conference option for most new users.  According to Zoom’s CEO, daily users of Zoom increased from 10 million a day in December, to over 200 million a day in March.  However, several articles have noted serious concerns about Zoom’s security and privacy policies, such as this TechCrunch article.  

Additionally, while 2020 added the phrase, “Social Distancing” to our lexicon, a new term is also emerging: “Zoombombing.”  In essence, this refers to uninvited guests guessing a Zoom room number and joining a video conference.  The potential for “Zoombombing” should give lawyers a great deal of concern.  However, Zoom is aware of the various concerns and issues related to security and privacy and has vowed to improve its services.  

Tips for Best Practices in Video Conferencing For Lawyers

Because of the sensitive information that may be exchanged during a video conference meeting, and in light of the fiduciary obligations attorneys owe to clients and their confidential information, lawyers must review the security and privacy policies of any video conference service they use.  The review should identify the scope of security, parameters of privacy, as well as any potential data mining and how the data is “allowed” to be used under the terms of use of the service.  Especially as lawyers owe clients a special duty of privacy, lawyers should be able to relay to clients the scope of security and privacy that comes with video conferencing between lawyers and clients under the particular platform being used. 

Although no service will be completely immune to potential hacks or breach, the service should offer “end-to-end” encryption and other industry-standard security features.  In addition, lawyers should employ any features offered by the video conference service to help secure individual meetings, such as requiring passwords to join meetings and ensuring the host has control of letting people into the meeting. Zoom offers some features that can help with video conferencing for lawyers, such as requiring a password for meetings and placing all participants in a “waiting room” pending approval from the host to admit them.  Attorneys using Zoom should ensure that these features are enabled for their meetings.  

Finding the Best Options for Video Conferencing for Lawyers

There are several options for video conferencing for lawyers, and some may offer better security and control, depending on a firm’s primary needs.  This link, to an Inc.com article, highlights some video conferencing service options:  Article on Video Conference Options.

The best platforms for video conferencing for lawyers will depend on the scope of the firm’s needs and will also vary depending on individual needs and requirements.  Whichever service is chosen, lawyers and their law firms must ensure adequate security for their video conference meetings.

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