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The vital considerations for protecting law firms’ control over sensitive information in the digital age

As law firms increasingly rely on technology to manage operations, software for case management, time tracking and billing has become indispensable. Yet, a crucial question often overlooked in the digitisation process is: who owns the data you input into these systems and how easily can you move it?

Understanding data ownership

Data ownership refers to having legal rights and control over a particular data set. This includes sensitive client information, case notes, billing records and proprietary strategies for law firms. Given your ethical and confidentiality obligations, firms must retain unequivocal data ownership.

However, ownership can become murky when using third-party legal software providers. Clear contractual agreements that explicitly state data ownership rights are essential to safeguard both the firm’s and clients’ interests.

The importance of data portability

Data portability is the ability to transfer data between systems easily. For law firms, it ensures:

• Flexibility: Seamlessly transition to new software as your needs evolve.
• Security: Maintain independent backups of your data.
• Compliance: Meet regulatory requirements for data access and transfer, such as GDPR and SRA guidelines.

Asking the right questions

When evaluating legal software providers, ask:

1. Who owns the data? Ensure the firm retains ownership of all data entered into the system.
2. What happens after contract termination? Confirm there’s a straightforward, fee-free process for retrieving data.
3. Can the data be easily exported? Look for compatibility with standard formats like CSV or PDF.
4. What are the export costs? Be wary of excessive fees designed to hinder portability.
5. How secure is the data transfer process? Verify the provider uses encryption and secure transfer protocols.

Best practices for law firms

• Review contracts carefully: Pay attention to clauses on data ownership and portability.
• Check compliance standards: Ensure the provider adheres to GDPR and other regulations.
• Plan for the future: Choose software that aligns with long-term data needs.

Conclusion

Data is one of your firm’s most valuable assets. Choosing legal software isn’t just about features – it’s about ensuring control over your data. By prioritising ownership and portability, you can protect your firm’s and clients’ interests in an increasingly digital world.

Sarah Murphy

General Manager of Clio EMEA

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