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 be retained, nature of the records determines whether lawyer (i) must maintain originals, (ii) may discard originals and maintain electronic copies in particular formats, or (iii) may maintain electronic copies in any format.”
Rules: New York Rules of Professional Conduct 1.6(a) and (c), 1.15(d)
The full text is available at http://www.nysba.org…