Law firms in Nevada may store electronic client records on third party remote servers as long as the firm selects the company with care and the company agrees to keep the information confidential. Nev. St. Bar Standing Comm. on Ethics and Professional Resp. Formal Op. 33 (Feb. 9, 2006).
As reported in Ethics and Lawyering Today, In City of Reno v. Reno Police Protective Ass’n, 59 P.3d 1212 (Nev. 2002), modified, 2003 Nev. LEXIS 25 (Nev. May 14, 2003), the Nevada Supreme Court held that a privileged attorney-client communication retained its privileged status despite claims by the opposing side claiming that the privilege had been waived by the fact that the message had been e-mailed. The court relied, in part, on ABA Formal Opinion 99-413 (1999), which held that sending unencrypted internet email does not violate a lawyer’s duty of confidentiality (not an opinion on privilege, as such). The court also noted that both federal and California statutes say that unlawfully intercepted electronic communications do not lose their privileged status.
Nevada ethics opinions are available online.
The Nevada Rules of Professional Conduct are available online. The Legal Information INstitute offers another copy.
The State Bar of Nevada’s website is available online.
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