Lawyers Choice
Contact: Renee Krause
1 (720) 226-9435
rkrause@thelawyerschoice.com
thelawyerschoice.com
Most lawyers don’t realize they’re leaking sensitive data until it’s too late. Hidden in every Word document or PDF you send is metadata: tracked changes, comments, author details, timestamps, even deleted clauses. If shared without being scrubbed, that data could expose client strategies, violate confidentiality, and trigger both a malpractice and cyber insurance claim.
What’s at Stake
Metadata isn’t harmless. Opposing counsel can extract:
- Internal comments (“remove this — too risky”)
- Earlier draft language that weakens your current position
- Names of contributors, timelines, and file histories
This exposure isn’t just embarrassing—it can materially harm your client’s case.
And if a breach occurs, it may qualify as a reportable data incident under cyber liability policy terms.
Real-World Risk
Consider this:
- A firm sends a settlement proposal in Word format.
- Embedded metadata reveals fallback negotiation terms.
- Opposing counsel uses it to undercut the position.
- The client suffers financial harm—and sues for negligence.
That’s a cyber event, malpractice exposure, and an ethics issue—all from one email.
Prevent Exposure
- Scrub every document before sending externally (built-in tools exist in Word and Adobe).
- Flatten PDFs—don’t assume redaction is secure without verification.
- Train your team—paralegals and junior associates often send documents without review.
- Audit your policies—ensure your cyber insurance addresses data leakage, not just hacking.
Insurance Blind Spot
Some cyber policies may exclude claims resulting from failure to follow standard security practices. Malpractice policies may also exclude technical negligence. If you’re not scrubbing metadata or using proper document controls, you may be operating outside your coverage.
Lawyers Choice Can Assist
Lawyers Choice is a specialized insurance brokerage serving law firms exclusively. We work with firms to identify coverage gaps that standard malpractice or cyber
policies often miss—such as exclusions related to data handling errors or confidentiality breaches through metadata. We will tailor your coverage to the unique risks your firm might face, ensuring your protection where it matters most.
Contact us today for competitive quotes.
