Legalethics.com

Cloud Services — DropSmack

Peterk — Mon, 29 Apr 2013 01:07:04 +0000

An interesting article describing the use of DropSmack to target networks via DropBox. In addition to broader considerations lawyers should consider before using cloud services, developments like this highlight the need for education regarding technology and security.

Lawyers may use .org suffix in domain name.

Peterk — Thu, 25 Apr 2013 02:02:08 +0000

For-profit Arizona law firms may use the .org domain name suffix as long as the website is otherwise not false or misleading. See Arizona Ethics Op. 11-04 (December 2011).

California lawyers may operate virtual law practices in the cloud

Peterk — Thu, 25 Apr 2013 01:55:39 +0000

California lawyers may maintain a virtual law office in the cloud where communications with the client, and storage of and access to all information about the client’s matter, are conducted solely via the internet using a third-party’s secure servers. The lawyer may be required to take additional steps to confirm that she is fulfilling her ethical obligations due to distinct issues raised by the VLO and its operation. See California Formal Eth. Op. 2012-184 (May 2012).

Oregon allows attorneys and agents to access private social media data in certain circumstances

Peterk — Thu, 25 Apr 2013 01:46:53 +0000

Oregon lawyers may access publicly available information on social networking sites, can request access to non-public information if the person is not represented by counsel in the matter, and may in limited circumstances advise or supervise an agent to access non-public information under Oregon’s Covert Activity Exception (Oregon Rules of Professional Conduct 8.4(b)). See Oregon State Bar Eth. Comm. Op. 2013-189 (Feb 2013) (note there may be an issue seeing the full opinion).

California lawyer can use unfair competition law against online legal service provider

Peterk — Thu, 25 Apr 2013 01:38:44 +0000

A California lawyer’s lawsuit against on online legal service provider alleging unauthorized practice of law withstood a demurrer. See Law Offices of Mathew Higbee v. Expungement Assistance Services, Cal. Ct. App. 4th Dist. No. G046778 (Mar 14, 2013).

Iowa Lawyers May Use SaaS [Cloud] Services

Peterk — Wed, 25 Jul 2012 03:28:10 +0000

Iowa Lawyers May Use SaaS [Cloud] Services provided that they consider the access to the data, conduct appropriate due diligence regarding the SaaS provider, the cost of the service, and the degree of protection afforded the data. Iowa Ethics Opinion 11-01 (September 9, 2011).

Maine Lawyers May Use Third Party [Cloud] Services to Process and Store Electronic Files

Peterk — Wed, 25 Jul 2012 03:21:51 +0000

Main lawyers may store and synchronize electronic work files containing confidential client information. Maine Ethics Opinion #194 (June 30, 2008). Processing of firm data may include transcription of voice recordings and transfer of firm computer files to an off-site “back-up” of the firm’s electronically held data.

At a minimum, the lawyer should take steps to ensure that the company providing confidential data storage has a legally enforceable obligation to maintain the confidentiality of the client data involved. With the pervasive and changing use of evolving technology in communication and other aspects of legal practice, particular safeguards which might constitute reasonable efforts in a specific context today may be outdated in a different context tomorrow. Therefore, rather than attempting to delineate acceptable and unacceptable practices, the opinion outline guidance for the lawyer to consider in determining when professional obligations are satisfied.

Massachusetts Lawyers May Use Cloud/SaaS Services

Peterk — Wed, 25 Jul 2012 03:16:29 +0000

A lawyer generally may store and synchronize electronic work files containing confidential client information across different platforms and devices using an Internet based storage solution, such as “Google docs,” so long as the lawyer undertakes reasonable efforts to ensure that the provider’s terms of use and data privacy policies, practices and procedures are compatible with the lawyer’s professional obligations, including the obligation to protect confidential client information reflected in Rule 1.6(a). A lawyer remains bound, however, to follow an express instruction from his or her client that the client’s confidential information not be stored or transmitted by means of the Internet, and all lawyers should refrain from storing or transmitting particularly sensitive client information by means of the Internet without first obtaining the client’s express consent to do so. Massachusetts Ethics Opinion 12-03. (May 17, 2012)

Pennsylvania Lawyers May Use the Cloud and SaaS Solutions to Store Client Information

Peterk — Wed, 25 Jul 2012 02:46:10 +0000

Pennsylvania lawyers may ethically allow client confidential material to be stored in “the cloud” provided the attorney takes reasonable care to assure that (1) all such materials remain confidential, and (2) reasonable safeguards are employed to ensure that the data is protected from breaches, data loss and other risks. Pennsylvania Formal Opinion 2011-200

Vermont Lawyers May Use SaaS Solutions to Store and Manage Client Information

Peterk — Wed, 25 Jul 2012 02:41:58 +0000

Vermont lawyers can utilize Software as a Service (”SaaS”) in connection with confidential client information, property, and communications, including for storage, processing, transmission, and calendaring of such materials, as long as they take reasonable precautions to protect the confidentiality of and to ensure access to these materials. Vermont Advisory Ethics Opinion 2010-6.