“He has his head in the clouds,” – a familiar expression used to refer to someone who is theoretical, impractical, or dreamy. However, for lawyers today being in the clouds is not only practical, it may be “inevitable.” Cloud computing seems to be everywhere lawyers turn, from email to legal research to data storage and […]
Professional Ethics of the Florida Bar Conclusion of the Opinion: “In summary, lawyers may use cloud computing if they take reasonable precautions to ensure that confidentiality of client information is maintained, that the service provider maintains adequate security, and that the lawyer has adequate access to the information stored remotely. The lawyer should research the […]
Professional Ethics Committee Question Addressed by the Committee: “whether it is permissible under the Rules of Professional Responsibility for a lawyer to use cloud computing in the practice of law.” From the Opinion: “Lawyers may use cloud services in their practice to promote mobility, flexibility, organization and efficiency. However, lawyers must be conscientious to comply […]
By Legal Technology Resource Center of the ABA The Legal Technology Resource Center has composed a chart of ethics opinions from the several American jurisdictions dealing with cloud computing, including the standard that lawyers should follow in choosing a cloud computing service. Available at http://www.americanbar.org…
From the ABA Section of Litigation 2013 Annual Conference Conclusion: “The message of these ethics opinions is clear: lawyers and law firms can engage third-party vendors in the cloud to store confidential information but they must do so competently with adequate supervision and implement reasonable steps to protect the confidentiality of the data. When […]
New Hampshire Bar Association’s Ethics Committee (submitted for publication by the NHBA Board of Governors at its February 21, 2013 meeting) Topic: The Use of Cloud Computing in the Practice of Law Summary of the Committee: “The internet has changed the practice of law in many ways, including how data is stored and accessed. ‘Cloud […]
Professional Ethics Commission Topic: The Ethics of Cloud Computing and Storage Question presented to the Commission: “Is it ethical for Maine attorneys to use cloud computing and storage for client matters?” Short answer of the Commission: “Yes, assuming safeguards are in place to ensure that the attorney’s use of this technology does not result in […]
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 […]
97 IOWA L. REV. 809, 822-24 (2012) Considering how individuals are sharing personal data, the authors suggest the creation of the “Privacy Data Guardian”, a new profession that manages Privacy Data Vaults. The article explains the technical specification of such approach, highlighting the fiduciary relationship between client and Guardian, and recommending that the Privacy Data […]