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6. Response

The response phase is about keeping the firm functioning while the incident is being remedied. The goal here is to plan what to do when critical services are unavailable.

For each scenario identified in section 3.1, think about exactly what you will do when each occurs, and what you need to do in advance to prepare for that.

Some examples:

  • How to maintain communication with clients and other relevant parties when primary systems are down, such as using alternate email addresses or mobile phones
  • Prioritizing critical filings and deadlines to prevent missed submissions, including manual docket checks and backup plans for urgent matters
  • Securing access to essential files and documents, e.g. via offsite backups or cloud storage, to ensure confidentiality and continuity of work
  • Implementing procedures for remote work, ensuring key staff have the necessary technology (like VPN access and reliable internet) and understanding alternative office or coworking arrangements
  • Managing the safety and well-being of staff, including clear guidance on where to report, how to check in, and what resources are available if the main office is inaccessible
  • Ensuring compliance with professional obligations, such as when you are required to notify your law society, or safeguarding client privilege when using contingency communication tools or alternate locations