CYBER FORENSICS · PRIVACY & AI · LEGAL TECHNOLOGY · MANAGED ITCall us 24/7: (289) 582-9930
Legal Technology

Secure document and matter systems

Ethical walls, matter-level permissions, audit trails and retention configured so your document and matter systems actually protect solicitor-client confidentiality, and can prove it.

Reviewed by the ITRS security team · Last updated

01

Confidentiality obligations and systems

Lawyers' duty of confidentiality does not change because files moved to the cloud. The Law Society of Ontario's commentary to rule 3.1-2 links technological competence to the duty to protect confidential information, and the Law Society of British Columbia's cloud computing checklist sets out practical questions for firms storing client information with third parties.

In practice, confidentiality failures in law firm systems are rarely dramatic hacks. They are a summer student who can open every matter, a departed associate's account still active, a 'share with anyone' link sent to a client two years ago and still live, or no record of who opened a sensitive file. Each is a configuration problem, and each can be fixed.

02

Ethical walls and matter permissions

An ethical wall (sometimes called an information barrier or screen) keeps people with a conflict away from a matter. It is only as strong as the system that enforces it. We design permissions around matters, not around departments, and apply walls in the systems where documents and communications actually live.

Where the wall must holdHow it is typically enforced
Document management system
Matter-level security and restricted-matter settings in the DMS
SharePoint and Teams
Separate sites or teams per sensitive matter, with membership controlled by the matter owner; Microsoft Purview information barriers where licensed and appropriate
Email
Matter-specific shared mailboxes or folders with restricted access, and filing rules
Practice management
Restricted matters hidden from screened users, including time entry and billing
File shares and legacy systems
Folder permissions reviewed, or content migrated into a system that can enforce walls
03

Audit trails

If a client or the Law Society asks who accessed a file, the firm should be able to answer from records, not recollection. We confirm that the DMS records views, edits, downloads, shares and deletions; that Microsoft Purview Audit is enabled for SharePoint, OneDrive and Exchange; and that retention is long enough. Microsoft's documentation states that Audit (Standard) keeps records for 180 days, with longer retention available through Audit (Premium) licensing and audit retention policies.

We also set up alerts for unusual activity on restricted matters, such as bulk downloads or access by someone outside the matter team.

04

Retention and file closing

Firms need to keep closed files for defined periods and then dispose of them reliably. Retention requirements come from Law Society rules, tax and trust accounting obligations, limitation periods and client agreements; the firm sets the schedule, and the systems enforce it.

In Microsoft 365 that usually means retention labels or policies in Microsoft Purview applied to matter sites and mailboxes, with disposition review so a person confirms before anything is deleted. A litigation hold must be able to override disposition, so retention design and hold procedures are planned together.

  • A file-closing checklist that captures final documents, removes external sharing and applies the retention label
  • Disposition review for files reaching the end of retention
  • A record of what was destroyed and when
05

External sharing with clients

Email attachments are still the default for sending documents to clients, and they are the hardest to control once sent. A client portal or controlled sharing from SharePoint or the DMS lets the firm set expiry dates, require the recipient to authenticate, and see who downloaded what.

  • Disable or restrict 'Anyone with the link' sharing for client matters
  • Require external recipients to verify their identity
  • Set default expiry on shared links
  • Apply sensitivity labels that encrypt documents leaving the firm where appropriate
  • Review and remove stale external sharing at file closing
06

Reviewing an existing setup

Most firms do not need a new system; they need the one they have configured properly. A review covers:

  1. Inventory

    Where client documents and communications are stored, including the places nobody mentions at first, such as personal OneDrive folders and old file shares.

  2. Permissions

    Who can access what, with a focus on restricted matters, former staff and guest accounts.

  3. Sharing and logging

    External sharing settings, live links, and whether audit trails would answer an access question.

  4. Retention

    Whether retention and disposition match the firm's schedule, and how holds would interact.

  5. Report and fixes

    Prioritized findings, then remediation by your IT team or ours.

Case studies
Keep reading

Related.

Next step

Acting on a matter that turns on electronic evidence?

Tell us who you act for and what is at issue. We are staffed 24/7. Active incident? Call (289) 582-9930, 24/7.