[WSBAPT] For those using estate planning software

[Candace Wilkerson]

Hello all,

I wondered if any of you using estate planning software for estate planning have implemented additional precautions regarding the use of that 3rd party software?

I ask because I have been researching the attorney's responsibility for protecting a client's confidential information when using such software.  It seems to be governed by RPC 5.3.  Comment 3 to that RPC:

When using such services outside the firm, a lawyer must make reasonable efforts to ensure that the services are provided in a manner that is compatible with the lawyer's professional obligations.

If there is an issue with a drafting, the 3rd-party vendor may have to review a particular drafting project with client names and details.  This makes me nervous.  What if a vendor does not provide assurances at the level that seem to satisfy the RPC, and those working on technical issues aren't going to be attorneys.  And even if they provide sufficient assurances, how to ensure they follow these policies?

Has anyone added a statement to your attorney-client agreements noting the use of that 3rd-party vendor, and that there is a remote chance of a data breach, etc.?  I don't think we can expect a client to bear the risk of a data breach.  How to handle this?

Any thoughts will be much appreciated.  I may be overthinking this, but it worries me.

Thanks,
Candace Wilkerson



*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.


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