New York State Bar Opinion 1142

Committee on Professional Ethics Topic: “Delivering client file to client, maintenance of client files in electronic form.” Digest of the Committee: Where a lawyer keeps client files received in electronic form in that form and a former client requests a copy of the file in paper form, the lawyer must take reasonable measures to deliver […]

New York State Bar Opinion 1077

Committee on Professional Ethics Topic: “Record retention and electronic storage.” Digest of the Committee: “A law firm may scan original signed retainer agreements into the firm computer system and then destroy the original agreements, provided that the firm maintains the scanned copies for seven years after the events they record.   Relevant Law: New York’s […]

Scanned copy of signed retainer agreement must be retained for seven years if the original is destroyed – NYSBA Opinion 1077

On December 9, 2015, the Committee on Professional Ethics of the New York State Bar issued Opinion 1077 providing guidelines on how law firms should keep record of retainer and compensation agreements with clients. A law firm with “a high volume practice” that receives “thousands of signed retainer agreements” every year asked whether they “may […]

Supreme Court of Tennessee Formal Opinion 2015-F-159 on lawyers’ use of cloud services

Board of Professional Responsibility of the Supreme Court of Tennessee   Topic: Lawyers’ use of cloud services   From the opinion A lawyer may ethically allow confidential client information to be stored in “the cloud” if the lawyer takes reasonable care to assure that: (1) all such information or materials remain confidential; and (2) reasonable […]

ABA Opinion 471 (Ethical Obligations of Lawyer to Surrender Papers and Property to which Former Client is Entitled) released

On July 1, 2015 the STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY released Formal Opinion 471 -“Ethical Obligations of Lawyer to Surrender Papers and Property to which Former Client is Entitled” Digest: “Upon the termination of a representation, a lawyer is required under Model Rules 1.15 and 1.16(d) to take steps to the extent reasonably practicable […]

Francesca Giannoni-Crystal, “Something’s got to give” – Cloud Computing, as applied to lawyers – Comparative approach US and EU and practical proposals to overcome differences – My presentation at the Scuola Superiore Sant’Anna (Pisa, Italy) Symposium “Getting around the cloud(s) – Technical and legal issues on Cloud services” (November 30, 2013)

  In my talk I will go ahead analyzing the approach of American will provide some elements to understand benefits and risks of cloud computing from an American lawyer’s perspective. I ethics opinions on cloud computing. Then, I will discuss the different implications of privacy law on cloud computing under an American perspective, as opposed to a […]

Alan W. Ezekiel, Hackers, Spies, and Stolen Secrets: Protecting Law Firms From Data Theft, 26 Harv. J.L. & Tech. 649 (2013)

From the Article: “The increasing number of data theft and espionage incidents in cyberspace has been widely reported, and law firms have become particularly attractive targets. One data security company reports that 10% of the advanced cyberattacks it investigated in the past 18 months were targeted at law firms.”   The full text is available […]

Florida Bar Opinion 12-3

Professional Ethics of the Florida Bar  Conclusion of the Opinion: “In summary, lawyers may use cloud computing if they take reasonable precautions to ensure that confidentiality of client information is maintained, that the service provider maintains adequate security, and that the lawyer has adequate access to the information stored remotely. The lawyer should research the […]