Bob Ambrogi, NC Bar Goes Back to the Drawing Board on Cloud Ethics

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 the data can implicate the host country’s privacy and security laws, regardless of where the company that owns the data is headquartered or of where the litigation is situated. That could open a can of worms separate and apart from the litigation at hand.

The North Carolina Bar should be commended for the careful thought and study it is devoting to this issue. We will look forward to seeing what comes of this latest reconsideration. Meanwhile, within the very specific context of e-discovery in the cloud, we are confident that established practitioners and established vendors already adhere to the most rigid of policies and practices. In e-discovery, the confidentiality and security of client data is already a matter of the highest order.


Referenced Authority: North Carolina State Bar 2011 Formal Ethics Opinion 6


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