Florida Bar Opinion 10-2

Professional Ethics Committee of the Florida Bar

Topic: Lawyers’ Ethical Obligation for Stored Files

From the opinion:

“In conclusion, when a lawyer chooses to use Devices that contain Storage Media, the lawyer must take reasonable steps to ensure that client confidentiality is maintained and that the Device is sanitized before disposition. These reasonable steps include: (1) identification of the potential threat to confidentiality along with the development and implementation of policies to address the potential threat to confidentiality; (2) inventory of the Devices that contain Hard Drives or other Storage Media; (3) supervision of nonlawyers to obtain adequate assurances that confidentiality will be maintained; and (4) responsibility for sanitization of the Device by requiring meaningful assurances from the vendor at the intake of the Device and confirmation or certification of the sanitization at the disposition of the Device.”

Relevant Law: Florida Rules of Professional Conduct 4-1.1, 4-1.6(a), 4-5.3(b)

The full text is available at: http://www.floridabar…