LAW FIRMS ARE VULNERABLE
Cybercriminals are becoming ever more sophisticated, and law firms are emerging as one of their most attractive prime targets. Recent findings from the Solicitors Regulation Authority (SRA), following thematic reviews of 40 practices, highlight the scale of the issue:
- 75% of firms visited reported falling victim to a cyberattack.
- In 23 of these cases, more than £4 million of client money was stolen.
- 50% of firms allowed unrestricted use of external data storage devices.
- 25% of firms were not encrypting their laptops.
Protecting your firm from cyberattacks is becoming increasingly difficult. Criminal groups are evolving rapidly, deploying ever more sophisticated methods. As far back as 2016, a BT-KPMG report warned of the “industrialisation of cybercrime,” with evidence that cybercriminals operate like complex businesses, complete with HR departments and R&D budgets. Since then, the threat has only escalated. And, from 1 October, stringent regulations, including Cyber Essentials, will be in place for criminal practice law firms.
CYBER ESSENTIALS BECOMES MANDATORY
From next month, all criminal law firms in the UK are required to hold Cyber Essentials (CE) certification. This government-backed scheme is designed to strengthen cybersecurity in a sector that handles highly sensitive client and case data, making it a prime target for cyberattacks. By achieving certification, firms can demonstrate that they have robust digital defences in place to protect against common cyber threats and safeguard client information. Failure to comply carries significant consequences. Without Cyber Essentials, criminal law firms risk losing their contracts with the Legal Aid Agency (LAA) and the associated funding.
WHAT IS CYBER ESSENTIALS?
Cyber Essentials is a government-backed, industry-supported scheme that helps organisations protect themselves against the most common online threats. It sets out a series of standard technical controls that should be in place to safeguard systems and data from cyberattacks. The scheme is designed for organisations of all sizes and across all sectors, protecting the vast majority of cyber threats. Evidence shows its impact: businesses with Cyber Essentials controls in place make 92% fewer insurance claims relating to cyber incidents. Certification offers benefits beyond protection. It demonstrates a clear commitment to cybersecurity, helping build trust with clients, customers, and suppliers. An up-to-date Cyber Essentials certificate is also a requirement for bidding on government contracts that involve handling financial or personal data. Increasingly, major businesses, including leading UK banks, are using Cyber Essentials as a benchmark to ensure robust cybersecurity throughout their supply chains.
FIVE TECHNICAL CONTROLS
Implementing Cyber Essentials supports legal firms in meeting wider regulatory obligations by protecting against the most common cyber threats. The certification process focuses on five essential technical controls: firewalls to create a secure boundary between networks and the internet; secure configuration to minimise vulnerabilities in devices and software; user access control to restrict data and services to authorised individuals; malware protection to defend against viruses and malicious software; and security update management to keep systems current with the latest patches. Together, these measures form a strong foundation for safeguarding sensitive legal data.
WHAT DOES THIS MEAN?
For the first time, a recognised cybersecurity framework has become a mandatory requirement for securing Legal Aid funding, shifting from a recommendation to a strict condition. This mandate is vital in protecting the highly sensitive data involved in criminal cases from growing cyber threats, while also strengthening trust and security across the wider legal supply chain. By demonstrating a clear commitment to cyber security, firms not only safeguard client information but also contribute to the resilience of the legal system and the protection of the public.
CYBER ESSENTIALS STEPS FOR LEGAL FIRMS
To navigate the legal sector’s cybersecurity landscape, firms should take the following steps:
- Understand your obligations – Identify all relevant legal and regulatory requirements, including UK GDPR, SRA regulations, and the specific conditions of LAA contracts.
- Conduct a risk assessment – Assess current vulnerabilities across technology, staff, and suppliers to understand where risks lie.
- Achieve Cyber Essentials certification – Implement the five core technical controls and complete the self-assessment. Firms with higher security needs should consider the more rigorous Cyber Essentials Plus.
- Create policies and train staff – Establish a clear cybersecurity policy and provide regular training, as human error remains one of the leading causes of breaches.
- Develop an incident response plan – Prepare a plan outlining how to respond to a cyberattack, including required reporting to the SRA and the ICO.
OTHER KEY LEGISLATION
Beyond Cyber Essentials, the UK legal sector must also comply with wider data protection and privacy laws:
- UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 – Require organisations handling personal data to process it securely. While not prescribing specific technical measures, they place accountability on firms to take “appropriate” action to protect data based on the level of risk.
- Solicitors Regulation Authority (SRA) Standards and Regulations – Require firms to maintain effective systems and controls to meet legal and regulatory obligations, including safeguarding client data from loss, damage, or unauthorised access. The SRA’s guidance on cybercrime emphasises the need for staff training, strong policies, and incident response planning.
- Information Commissioner’s Office (ICO) – As the UK’s data protection regulator, the ICO enforces compliance with UK GDPR and investigates breaches. The legal sector is among the highest for reported data breaches, with common issues including email errors and missed 72-hour reporting deadlines.
CONSEQUENCES OF CYBER ESSENTIALS NON-COMPLIANCE
The cost of failing to comply with cybersecurity and data protection requirements goes far beyond regulatory fines. For law firms, non-compliance can mean immediate ineligibility for legal aid and government-contracted work, cutting off critical revenue streams. Regulators are also far more likely to scrutinise firms that fall short, exposing them to damaging investigations and potential enforcement action. Perhaps most damaging of all is the erosion of trust, as clients and partners are unlikely to place their most sensitive information in the hands of a firm that cannot demonstrate robust protection. On top of this, insurers are tightening their stance: firms without strong cybersecurity controls face sharply higher premiums, or in some cases no cover at all. Ultimately, the price of non-compliance is not just financial. It threatens reputation, credibility, and long-term survival in an increasingly competitive legal market.
ESSENTIALLY CYBERSECURITY
Human error plays a major contributing factor in so many security breaches – according to a recent study, more than 90% – it’s no wonder companies, including law firms, are so eager to invest in cybersecurity awareness training for their employees. Investing in certifications such as Cyber Essentials and training your staff will go a long way in helping you to protect your business against cyber threats and demonstrate your commitment to good cyber hygiene. Contact us and we’ll help you on your Cyber Essentials and Compliance journey.
