The Author’s Abstract: “Cloud Computing is poised to offer tremendous benefits to clients, including inexpensive access to seemingly limitless resources that are available instantly, anywhere. To prepare for the shift from computing environments dependent on dedicated hardware to Cloud Computing, the Federal Rules of Discovery should be amended to provide relevant guidelines and exceptions for […]
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. […]
The basic obligation of lawyers with regard to confidential client information is clear: lawyers must take reasonable steps to protect the confidentiality of such information. South Carolina Rule of Professional Conduct (SCRPC) 1.6, comment 18 states: “When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions to prevent the information […]
From the article: The basic obligation of lawyers with regard to confidential client information is clear: lawyers must take reasonable steps to protect the confidentiality of such information. South Carolina Rule of Professional Conduct (SCRPC) 1.6, comment 18 states: “When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions […]
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 […]
The article discusses the importance of a lawyer having detailed knowledge of cloud computing services available to and used by the lawyer, specific features and practices that a lawyer should understand, and the ethical implications. From the Article: “Once you’ve determined how your cloud computing provider will deliver services to your firm, you must […]
From the Article: “The bottom line is that lawyers can use cloud computing without encrypting the files before storing them in the cloud. That being said, the determination of whether to upload unencrypted client data into the cloud will vary from one law practice to another and is contingent upon the type of data that […]
Conclusion of the Article: “With any emerging technology, lawyers must confront ethical issues that arise when the lawyer considers using law technology. Because data security is the lawyer’s primary concern, lawyers need to approach the issue of cloud computing carefully. ‘When going to the cloud, you’ve got to do some due diligence’, to ensure not […]
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 […]