Legal Tech Ethics Considerations

The opposing counsel is already on the back foot—because they haven't audited their own tech stack for ethical compliance. While they're busy drafting discovery requests, their client's confidential communications are sitting in a cloud server with default security settings. That's not just negligence. That's leverage.

Why Legal Tech Ethics Matter More in Family Law Than Anywhere Else

Family law practitioners handle the most sensitive data imaginable: financial records, mental health histories, custody evaluations, domestic violence allegations, and intimate communications that clients never expected to see daylight. When you deploy technology to manage this information, you're not just choosing convenience—you're accepting responsibility for every vulnerability in that system.

Illinois attorneys are bound by the Rules of Professional Conduct, which require competence in understanding the benefits and risks of relevant technology. This isn't a suggestion. It's an obligation. And in high-asset divorce cases, where the stakes run into millions and the opposition is hunting for any advantage, your tech hygiene becomes a strategic asset or a catastrophic liability.

Step One: Audit Your Communication Channels

Stop using standard email for privileged communications without encryption. Your client's spouse—or their forensic IT consultant—may have access to shared accounts, synced devices, or cloud backups your client forgot existed. Before you send a single strategy memo, confirm:

• Does your client have exclusive control over the device receiving communications?
• Is the email account secured with unique credentials and two-factor authentication?
• Are messages being backed up to a shared cloud service like iCloud or Google Drive?

If you can't answer these questions with certainty, you're gambling with privilege. Establish a secure client portal or encrypted messaging system, and document that you've advised your client on proper access protocols.

Step Two: Vet Every Third-Party Vendor

That case management software you love? It's only as ethical as its data handling practices. Before you entrust client information to any platform, demand answers:

• Where is data stored, and under what jurisdiction's privacy laws?
• Who at the vendor company can access client files?
• What happens to data if the vendor is acquired, breached, or goes bankrupt?
• Does the platform log access and modifications for audit purposes?

Your duty of competence extends to understanding these systems. "I didn't know" is not a defense when the Illinois ARDC comes calling—and it's certainly not a defense when opposing counsel moves to disqualify you for compromising their client's co-mingled data.

Step Three: Weaponize Discovery Around Tech Negligence

Here's where strategy meets ethics. While you're securing your own house, recognize that your opponent may not have done the same. In family law matters, particularly those involving business valuations, hidden assets, or contested custody, the other party's digital negligence becomes your discovery goldmine.

Subpoena cloud storage records. Request forensic images of shared devices. Demand production of metadata showing when documents were accessed, modified, or deleted. If the opposing party—or their counsel—has been sloppy with technology, you'll find evidence of spoliation, hidden communications, or financial manipulation that they thought was buried.

Cyber negligence isn't just an ethics issue. It's a litigation strategy.

Step Four: Document Your Own Compliance

Maintain records proving your technology competence. Keep logs of security training, vendor agreements, encryption protocols, and client advisories about secure communication. If your practices are ever questioned—by a grievance committee, a malpractice insurer, or a hostile cross-examiner—you want a paper trail that demonstrates diligence, not assumptions.

This documentation also protects you when clients ignore your advice. When they insist on discussing strategy over unsecured text messages despite your warnings, you need written proof that you fulfilled your duty to inform.

Step Five: Stay Current or Get Replaced

Technology evolves faster than bar association ethics opinions. The AI tools flooding the market, the new e-discovery platforms, the blockchain-based asset verification systems—all of these present opportunities and risks that didn't exist five years ago. Your obligation to maintain technological competence is ongoing, not a one-time checkbox.

Attend CLEs focused on legal technology. Subscribe to cybersecurity briefings relevant to law practice. Build relationships with forensic IT professionals who can advise on emerging threats. The attorney who treats tech ethics as a static requirement will be outmaneuvered by the one who treats it as a competitive advantage.

The Bottom Line

Your opposition is already making mistakes with their technology. Their client's text messages are syncing to a shared tablet. Their financial records are sitting in a cloud account with a password from 2019. Their counsel is emailing strategy documents without encryption because "it's never been a problem before."

That complacency is your opening. Secure your own systems, document your compliance, and use discovery to exploit their failures. In high-stakes family law, the attorney who masters legal tech ethics doesn't just avoid discipline—they dominate litigation.

Book a consultation with Steele Family Law now. Your spouse's attorney is already behind. Let's make sure they stay there.