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: “Do lawyers have an ethical obligation to warn clients of the risk of third-party access to all types of electronic communication between attorney and client? This question was addressed last month in an ethics decision, Formal Opinion No. 11-459, issued by the American Bar Association’s Standing Committee on Ethics and Professional Responsibility.” […]
Standing Committee on Ethics and Professional Responsibility In Formal Opinion 11-459, the ABA Standing Committee on Ethics and Professional Responsibility draw from the Model Rules a new duty for lawyers: the duty to warn the client of potential confidentiality concerns, for example when the lawyer knows or should have known that the client is […]
From the Article: “One thing seems certain about the Ethics Committee of the North Carolina State Bar—it is trying hard to get its opinion right on the ethics of cloud computing. Here again, a lawyer would be remiss not to pin down at least the country in which the data will be hosted. The physical location of […]
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 […]