A bankruptcy file contains nearly everything an identity thief could want: Social Security numbers, account numbers, addresses, employer details and a full picture of what someone owns and owes. If you work remotely, you are the custodian of that information. Attorneys will ask how you protect it, and the best answers are specific.
Start from the promise you make
The NAVBA Code of Ethics asks members to protect confidential information and never use it for personal gain, to protect and back up all client data and provide it to the attorney at no cost on request, and to practice diligent identity-theft prevention, including destroying sensitive information once it is no longer needed for the case. Treat these as your minimum standard.
Secure your workspace and devices
- Use a dedicated device or account for client work if you can, and do not share it with family members.
- Turn on full-disk encryption and a screen lock, so a lost or stolen laptop is not a breach.
- Keep software updated, including your operating system, browser and security software.
- Use a password manager and two-factor authentication on every account that touches client files.
- Be careful on public Wi-Fi, or avoid client work on it entirely.
Handle files carefully
- Agree with the attorney how files will be sent. Avoid plain email attachments for sensitive documents where a secure transfer or portal is available.
- Do not keep more than you need. Work from the documents necessary for the task.
- Label and organize files by case, so nothing is mixed between clients and you can find or remove everything for a case.
- Keep client documents out of personal cloud folders, shared drives and chat apps that you do not control.
Back up, and know where the backups are
A backup protects against loss, and it is also another copy of the sensitive data. Use an encrypted backup you control and know how to delete from it. Being able to hand a complete, secure copy to the attorney on request is part of the job.
Dispose of it properly
When a case is finished and the attorney no longer needs you to hold the data, dispose of it. Shred paper that holds Social Security or account numbers, and securely delete electronic copies, including backups and downloads folders. Agree on a retention period with the attorney, and write it down.
Know what to do if something goes wrong
If a device is lost or an email goes to the wrong person, tell the attorney immediately. They have legal obligations that depend on knowing quickly, and an assistant who reports a problem fast is far more valuable than one who hides it.
Make it part of your pitch
Attorneys are rightly cautious about handing client files to someone they have not met. A short, specific description of how you protect data, and the fact that you are bound by a written code of ethics, can be the thing that makes the first case possible. For more on winning that first case, read finding your first attorney clients. To see what NAVBA membership offers, visit member benefits or join NAVBA.
This article is general information about bankruptcy practice, not legal advice. Local rules, trustee preferences and state law vary, so confirm current requirements for your jurisdiction.
