CYBERSECURITY REVIEW 9 SEPT- NOV 2023It is easy for an attorney with no technical background to feel out of their depth during a cyber incident. But the cyber incident lawyer's role is often to translate technical jargon into a non-technical message and convey legal and risk concerns in a manner that the technical experts can easily digest. Here again, preparation is key to gaining familiarity with terminology and core concepts. In-house counsel is often uniquely positioned among the incident response team to see broadly across the enterprise risk landscape. This perspective is indispensable to successful handling of a cyber incident and taking advantage of it requires putting aside anxiety and self-doubt at being the least technical person in the room. Even if in-house counsel is merely acquainted with the other incident response team members, that minimal level of preparation can still help overcome the initial reticence to speak up. Asking questions even if they highlight ignorance on a topic is critical because those questions often spark insight among the technical team and pave the way for more open and honest collaboration. In-house counsel's questions often make it clear that even the most technical problems have non-technical impacts that must be factored into the solution. Perhaps most importantly, in-house counsel's modelling an inquisitive mindset helps everyone think a little differently about the problem. Preparation saves valuable time, fosters trust among internal and external resources, and helps minimize costs. It builds confidence and reduces panic. Business leaders derive great comfort from knowing their lawyers have already thought through contingencies and lined up resources. Perhaps most importantly, preparation enables adaptability in crisis. It's imperative to remain flexible and adapt to the circumstances of the incident as they develop. Every incident holds countless unforeseen and often unforeseeable twists. In-house counsel must accept that some events are beyond their control and embrace a dynamic approach. Proper preparation provides a toolbox of options ­ a framework for response ­ and helps in-house counsel understand what is likely (and unlikely) to work in a given scenario. The old military maxim holds true for in-house counsel during a cyber incident ­ plans are worthless, but planning is everything. Asking questions even if they highlight ignorance on a topic is critical because those questions often spark insight among the technical team and pave the way for more open and honest collaboration
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