Ethics Opinions

Rules of Professional Conduct Committee   Topic: use of online data storage managed by third party vendors to store confidential client documents. Conclusion of the Committee: “A lawyer may use online data storage systems to store and back up client confidential information as long as the lawyer takes reasonable care to ensure that the information […]

State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion 2012-184 Topic: Virtual Law Office Digest of the Committee: “As it pertains to the use of technology, the Business and Professions Code and the Rules of Professional Conduct do not impose greater or different duties upon a VLO practitioner operating in the […]

Committee on Professional Ethics – Opinion 940 Topic: Use of off-site backup tapes to store a client’s confidential information; retention of files in original paper form Digest of the Committee: “Lawyer may store confidential information on off-site backup tapes if lawyer takes reasonable care to ensure adequacy of systems to protect confidentiality.  When records must […]

Massachusetts Bar Association Ethics Opinion 12-03 [Approved by the Massachusetts Bar Association’s House of Delegates on May 17, 2012] Topics: Cloud Computing; Google docs Summary of the opinion: “A lawyer generally may store and synchronize electronic work files containing confidential client information across different platforms and devices using an Internet based storage solution, such as ‘Google […]

Topics: Subscribing to Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property Summary: “Opinion rules that a lawyer may contract with a vendor of software as a service provided the lawyer uses reasonable care to safeguard confidential client information.” From the Opinion: “This opinion does not set forth specific […]

Committee on Legal Ethics and Professional Responsibility – Formal Opinion 2011-200 Topics: Ethical Obligations for Attorneys Using Cloud Computing/Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property From the opinion: “From a more technical perspective, ‘cloud computing’ encompasses several similar types of services under different names and brands, including: […]

Approved by Board of Governors, November 2011 Topics: Information Relating to the Representation of a Client: Third-Party Electronic Storage of Client Materials Summary: “Law Firm contracts with third-party vendor to store client files and documents online on remote server so that Lawyer and/or Client could access the documents over the Internet from any remote location. […]

Committee on Ethics and Practice Guidelines – Opinion 11-01 Topics: “Use of Software as a Service – Cloud Computing” “Whether a lawyer or law firm may utilize what is known as ‘software as a service’ commonly referred to as ‘SaaS’” From the opinion: “We believe… [Rule 32:1.6 [Comment 17] ] establishes a reasonable and flexible approach […]

Vermont Bar Association Professional Responsibility Section Digest: “Vermont attorneys can utilize Software as a Service in connection with confidential client information, property, and communications, including for storage, processing, transmission, and calendaring of such materials, as long as they take reasonable precautions to protect the confidentiality of and to ensure access to these materials.” From the […]

Standing Committee on Professional Responsibility and Conduct   Topic: General use of technology by lawyers – reasonable precautions to avoid unauthorized access by third parties. Digest of the Committee: “Whether an attorney violates his or her duties of confidentiality and competence when using technology to transmit or store confidential client information will depend on the […]