Ethics Opinions

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 […]

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 […]

American Bar Association Standing Committee on Ethics and Professional Responsibility   Topic: Lawyer’s Obligations When Outsourcing Legal and Nonlegal Support Services Digest of the Committee: “A lawyer may outsource legal or nonlegal support services provided the lawyer remains ultimately responsible for rendering competent legal services to the client under Model Rule 1.1. In complying with […]

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. […]

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 […]

Standing Committee on Legal Ethics An inquiring attorney presented a factual scenario of clients preferring and sometimes requiring the attorney to send documents to the client in electronic format.  The Committee was asked whether or not an attorney (1) must maintain a paper copy of the client’s file during the representation, (2) may destroy paper […]

Arizona State Bar Association Committee on the Rules of Professional Conduct   Topic: Electronic storage; Confidentiality From the Opinion: “ER’s 1.6 and 1.1 require that an attorney act competently to safeguard client information and confidences. It is not unethical to store such electronic information on computer systems whether or not those same systems are used to connect […]