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 […]
Professional Ethics Committee Question Addressed by the Committee: “whether it is permissible under the Rules of Professional Responsibility for a lawyer to use cloud computing in the practice of law.” From the Opinion: “Lawyers may use cloud services in their practice to promote mobility, flexibility, organization and efficiency. However, lawyers must be conscientious to comply […]
Professional Ethics Committee For the State Bar of Texas Topics: “Under the Texas Disciplinary Rules of Professional Conduct, what are the responsibilities of a law firm for preserving or disposing of files of a former client after the lawyer who represented the former client leaves the firm?” Conclusion of the Committee: “…First, confidential information of […]
From the ABA Section of Litigation 2013 Annual Conference Conclusion: “The message of these ethics opinions is clear: lawyers and law firms can engage third-party vendors in the cloud to store confidential information but they must do so competently with adequate supervision and implement reasonable steps to protect the confidentiality of the data. When […]
South Carolina Lawyer 10 (March 2013) Author discusses various aspects involved when lawyers leave a firm. He suggests the drafting of partnership agreements to reduce the possibility of disputes and describes the clauses that should be included therein. The full text of part II is available at: http://www.nathancrystal…
New Hampshire Bar Association’s Ethics Committee (submitted for publication by the NHBA Board of Governors at its February 21, 2013 meeting) Topic: The Use of Cloud Computing in the Practice of Law Summary of the Committee: “The internet has changed the practice of law in many ways, including how data is stored and accessed. ‘Cloud […]
South Carolina Lawyer 8 (January 2013) Originally published as Ethics Watch: The Year in Review (2012), South Carolina Lawyer 8 (January 2013) Author reviews the most important developments in technology and ethics around the country in 2012: (i) Advertising – legal information websites; (ii) Advertising – misrepresentation on websites; (iii) Attorney-client relationship – formation and obligations […]
Professional Ethics Commission Topic: The Ethics of Cloud Computing and Storage Question presented to the Commission: “Is it ethical for Maine attorneys to use cloud computing and storage for client matters?” Short answer of the Commission: “Yes, assuming safeguards are in place to ensure that the attorney’s use of this technology does not result in […]
State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion 2012-184 Topic: Virtual Law Office Digest of the Committee: “As it pertains to the use of technology, the Business and Professions Code and the Rules of Professional Conduct do not impose greater or different duties upon a VLO practitioner operating in the […]
Committee on Professional Ethics – Opinion 940 Topic: Use of off-site backup tapes to store a client’s confidential information; retention of files in original paper form Digest of the Committee: “Lawyer may store confidential information on off-site backup tapes if lawyer takes reasonable care to ensure adequacy of systems to protect confidentiality. When records must […]