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A multitude of laws and regulations specify or imply certain compliance requirements for processes, controls and risk assurance over the internally assigned responsibilities for legal counsel. These requirements vary among industry sectors, affecting the development, focus and execution of the legal process, its security of data, and the ability for the legal process to survive and business failure or disaster.
Corporate counsel whether their work is performed in the headquarter office or remotely from home, or is outsourced to a private firm, their responsibilities and functions are critical and present risk to the organization as a result. Our assessments of the corporate counsel function, as a business process includes assessing the resumption capabilities in response to the loss of access or total loss of critical documents, unauthorized access and unauthorized assignment of privileges that culminate in errors and unauthorized disclosure of private client, customer, or government entrusted information.
JAT Risk Solutions examines existing organizational processes, responsibilities, systems, and manual methods employed by counsel. Our assessments identify issues and provide remediation processes and system to mitigate risks specific to corporate counsel’s processes and services. We assess counsel’s processes for defining and assigning priorities and classifying documents, system services, subscribed services, and books as: (a) Unimportant; it can be replaced fairly easily. This category would contain duplicate forms, computer printouts for material backed up elsewhere etc.; (b) Important it can be replaced, but it will be time-consuming or expensive; e.g., bank records, correspondence from other lawyers; (c) Irreplaceable.
Based on the valuations of these tangible assets in the possession of Counsel and other non-tangible services performed by counsel, JAT assures client’s that scheduled assets (listings maintained by counsel and for backup purposes maintained with an authorized party) are reviewed to establish the availability and appropriateness of insurance coverage against their loss, and destruction, or disclosure and the client’s current processes for their recovery as a result of a disaster.
JATRS provides clients comfort from the future loss or unauthorized access, release or destruction of legal information, in all forms. Based on prior assessments, we have identified the following basic recommendations for addressing and mitigating risks associated with the legal counsel of your organization:
- Stay current with the laws and regulations that apply to your particular business sector.
- Note explicit and implicit, security, privacy, availability, and recoverability demands lurking within these regulations.
- Factor in the cost of regulations, and compliance validation processes, for such areas as HIPAA, GASB 34 and FISMA, in every project.
- Seek professional advice to parse the dense and ambiguous language of industry-specific laws and regulations and to assess risks, mitigating controls and business continuity processes. Ensure all processes are reliable.
- Try to satisfy more than one law or regulation with each control initiative.
Copyright © JAT Risk Solutions, LLC 2006
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