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 […]
Office of General Counsel Formal Opinion 2010-02 Topics: Retention, Storage, Ownership, Production and Destruction of Client Files. Cloud computing. Excerpts from the Opinion and comments from the editor’s of this website: Rules 1.15, 1.16 and 1.6 impose a duty of segregation, safeguarding and production upon request of client’s file (which is client’s property) but not […]
Opinion No. 357 of the District of Columbia Bar’s Legal Ethics Committee Topic: Former Client Records Maintained in Electronic Form Conclusion of the Committee: “Social media is a constantly changing area of technology. Social media can be an effective tool for providing information to the public, for networking and for communications. However, using […]
Committee on Professional Ethics – Opinion No. 842 Topic: Using an outside online storage provider to store client confidential information. Digest of the Committee: “A lawyer may use an online data storage system to store and back up client confidential information provided that the lawyer takes reasonable care to ensure that confidentiality will be maintained […]
Arizona State Bar Association Committee on the Rules of Professional Conduct Topics: Confidentiality; Maintaining Client Files; Electronic Storage; Internet Summary of the Committee: “Lawyers providing an online file storage and retrieval system for client access of documents must take reasonable precautions to protect the security and confidentiality of client documents and information. Lawyers should be […]
Topic: “Opinion describes reasonable procedures for a computer-based conflicts checking system.” From the Opinion: “Every law firm must make its own determination as to what conflict checking procedures are reasonable, taking into account such variables as the size of the law firm, the type of practice, the cost of maintaining conflict checking records over a […]
ISBA Professional Conduct Advisory Opinion No. 10-01 Topic: Law firm’s maintenance of confidential information while working with third party technology vendor Digest of the ISBA: “A law firm’s utilization of an off-site network administrator to assist in the operation of its law practice will not violate the Illinois Rules of Professional Conduct regarding the confidentiality of client information […]
Association of the Bar of the City of New York Committee on Professional and Judicial Ethics Topic: File Retention and Obligation to Provide Electronic Documents relating to Representation The full text is available at: http://www.nycbar…
Topic: Web-based Management of Client Records Summary of the Opinion: “Opinion rules that client files may be stored on a website accessible by clients via the internet provided the confidentiality of all client information on the website is protected.” Rules: North Carolina Rules of Professional Conduct 1.16; 1.6 The full text is available at http://www.ncbar.com…