Insights · Law firms

Cyber security for law firms: SRA expectations, payment diversion and email compromise

What the SRA expects from solicitors on cyber security, when you must report an attack, how payment diversion and conveyancing fraud work, and the controls that stop most of them.
The short answer

The SRA expects law firms to have effective systems and controls, to keep client information confidential, to protect client money and to report promptly. A cyber attack that has had, or could have, an impact on clients should be reported to the SRA even if it does not amount to a serious breach. Most losses still come from email compromise and payment diversion, so multi-factor authentication, secure email, a strict rule for verifying bank details and well-trained staff do most of the work.

Key points
  • Rule 2.1 of the Code of Conduct for Firms requires effective governance, systems and controls; confidentiality and client money rules apply to cyber risks too.
  • Report serious breaches to the SRA under Rule 3.9, and report attacks that affect or could affect clients promptly, even below that threshold.
  • Payment diversion, often called Friday afternoon fraud, relies on a compromised or spoofed mailbox and a convincing change of bank details.
  • Never accept new or changed bank details by email alone: verify by phone using a number you already hold.
  • Client data breaches may also need reporting to the ICO within 72 hours of becoming aware.

What the SRA expects

The SRA does not publish a technical cyber security standard. Its rules are outcomes-focused, and several apply directly to cyber risk:

  • Systems and controls. Rule 2.1 of the Code of Conduct for Firms requires effective governance structures, arrangements, systems and controls, so that the firm and its people comply with their regulatory obligations.
  • Confidentiality. Firms must keep the affairs of current and former clients confidential. A hijacked mailbox or a stolen laptop full of client files is a confidentiality problem, not just an IT one.
  • Client money. The SRA Accounts Rules require client money to be kept safe and any shortfall caused by a breach to be put right promptly. If client money is lost to payment diversion, the firm may have to replace it.
  • Reporting. Rule 3.9 requires a prompt report of facts or matters that could amount to a serious breach of the SRA’s Standards and Regulations.

The SRA has also said it expects firms to have business continuity plans, recommends Cyber Essentials and points firms to National Cyber Security Centre (NCSC) guidance.

When to report a cyber attack to the SRA

In its January 2024 update on reporting cybercrime, the SRA set out a simple test:

  • Serious breach: report under Rule 3.9.
  • An attack that has had, or could have, an impact on clients: report promptly even if it is not a serious breach. The SRA’s examples include an attack that stops transactions, significantly delays client service or puts client data or assets at risk.
  • Significant attacks that failed: reporting is encouraged, including near misses and new techniques, but not required.
  • Routine phishing: no need to report.

Reports go through the form on the SRA website or by email with “Cybercrime incident” in the subject. The same incident may also need reporting to the ICO, to Report Fraud and to your insurer. Our incident playbook lists who to tell and when.

How payment diversion and conveyancing fraud work

Most cyber losses at law firms are not sophisticated hacks. They follow a familiar pattern:

  1. A criminal gets into a mailbox, usually the firm’s or the client’s, through a phishing link or a reused password. Without multi-factor authentication, one stolen password is enough.
  2. They watch quietly, often for weeks, and learn when completion monies or settlement funds are due.
  3. At the critical moment, often late on a Friday, an email arrives from what looks like the right person with “updated” bank details. Rules in the hijacked mailbox may hide the real replies.
  4. The money goes to a mule account and is moved on within hours.

Variations include spoofed look-alike domains, fake emails from the firm to clients, and impersonation of the other side’s solicitor. Conveyancing is the most targeted area because of the sums involved, but probate, litigation settlements and family matters are all at risk.

Controls that stop most attacks

ControlWhy it matters for a law firm
Multi-factor authenticationStops most mailbox takeovers. Apply it to Microsoft 365, case management, remote access and banking, with phishing-resistant methods for partners and accounts staff.
Bank detail verificationA written rule that bank details are only ever confirmed by phone, using a number from the file, never from the email. Tell clients at onboarding that you will never change your bank details by email.
Email securityDMARC, SPF and DKIM on your domain, look-alike domain monitoring, external email warnings and alerts when someone creates a mail forwarding rule.
Secure client communicationA client portal or encrypted email for documents and payment instructions, so bank details are not sent in ordinary email.
Device and access managementManaged, encrypted laptops and phones, leavers removed the same day and access to matters limited to those who need it.
TrainingShort, regular phishing and payment fraud training for fee earners, secretaries and accounts teams, with real examples.
Backup and continuityBackups of Microsoft 365 and case management kept separately and tested, so ransomware does not stop completions.

Accreditations such as Lexcel include information security requirements, and Cyber Essentials gives you an independent check of the technical basics. See our IT support for law firms page for how we set this up.

If money has been sent to a fraudster

Speed matters more than anything. Call your bank’s fraud line immediately and ask it to contact the receiving bank; funds can sometimes be frozen if you act within hours. Then secure the compromised mailbox (reset the password, revoke sessions, remove forwarding rules), preserve evidence, tell your insurer, report to Report Fraud and consider your duties to the SRA and the ICO. Tell the client honestly and promptly, and record your decisions.

A quick self-check for partners

  • Is multi-factor authentication on for every user, including partners and shared mailboxes?
  • Would we spot a new forwarding rule on a conveyancer’s mailbox today?
  • Do clients know we never change bank details by email, and do our staff always phone to verify?
  • Have we tested restoring case files from backup this year?
  • Does our IT provider have to tell us about incidents straight away, in writing?
  • Do we know who decides whether to report to the SRA, and how?

Sources and further reading

Written by
CEO, Cre8 IT
Rob Crossley is CEO of Cre8 IT, a managed IT and cyber security company that has supported businesses across the UK, the UAE and Saudi Arabia since 2012. Cre8 IT is certified to ISO 27001:2022 and ISO 9001 and is a certified Microsoft Partner.
FAQ

Frequently asked questions

Do we have to report a cyber attack to the SRA?

You must report a serious breach under Rule 3.9, and the SRA expects a prompt report of any attack that has had, or could have, an impact on clients, even if it is not a serious breach. Routine phishing does not need reporting.

Is Cyber Essentials mandatory for solicitors?

No, but the SRA recommends it, and many insurers, lenders and corporate clients ask for it. It is an affordable way to show the technical basics are in place.

Who is liable if client money is lost to payment diversion?

It depends on the facts, but the SRA Accounts Rules require any client money shortfall caused by a breach to be replaced promptly, so the firm can be left carrying the loss. Strong verification procedures are the best protection.
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