If the negligence directly led to provable harm to me (such as getting evicted because I couldn't make rent), then I would want a negligence suit. If it didn't cause provable harm to me, merely some annoyance, and I got all of my money back from FDIC insurance, then I believe any negligence claim should be greatly limited, or even outside of scope, yes.

If probable harm happens to people because of these record leaks I believe the law firm should be part of the joint liability to make that harm as financially whole as possible. But that's what a civil suit is for, not a DA enforcement.