Reasonable Efforts to Prevent Unauthorized Access
The reasonable efforts standard is not a minimum-effort test. ABA Formal Opinion 477R lays out the factors that determine reasonableness, including the sensitivity of the information, the likelihood of disclosure absent safeguards, the cost of additional safeguards, and the difficulty of implementing them. For a firm holding privileged client communications, settlement strategy memoranda, and trust account information, the standard is high, and the documentation of safeguards matters as much as the safeguards themselves. UniFi Access produces the documentation: every entry to the file room, every entry to the trust account workstation area, every entry to a partner office or server closet, logged with timestamp, credential, and camera-linked video record.