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 […]
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 […]
“This is at least what Dr. Thilo Weichert argues. He is the head of the Independent Center for Privacy Protection of the State of Schleswig-Holstein (Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein, or ‘ULD’), and one of Germany’s top privacy experts. In a June 18, 2010 opinion, he wrote on the subject of cloud computing.” The […]
From the Article: “Interest in ‘cloud computing’ is picking up steam among lawyers for several good reasons. Proponents say its advantages center on economy, simplicity and accessibility…But some of the advantages of cloud computing also are reasons for lawyers to be cautious about its use. In particular, the fact that client data and work product […]
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 […]
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 […]
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…
Professional Ethics Commission Topics: Client Confidences: Confidential firm data held electronically and handled by technicians for third-party vendors From the opinion: “[A]n attorney may utilize transcription and computer server backup services remote from both the lawyer’s physical office and the lawyer’s direct control or supervision without violating the attorney’s ethical obligation to maintain client confidentiality. […]
From the Article: “Over the last year I’m sure you’ve heard a lot about ‘cloud computing’ and by now you’re probably wondering: what exactly is it?” The full text is available at http://www.llrx.com…
Standing Committee on Ethics and Professional Responsibility – Formal Opinion 33 Topic: cloud computing Summary of the Committee: “A lawyer may, without client consent, store client files in an electronic format or on a server or other device that is not exclusively in the lawyer’s control provided the lawyer acts competently and reasonably safeguards the […]