A lawyer may use online cloud providers to store and back up client files provided that the lawyer takes reasonable care to ensure that confidentiality will be maintained in a manner consistent with the lawyer’s obligations under Rule 1.6. Additionally, the lawyer should stay abreast of technological advances to ensure that storage remains sufficient to protect the client’s data and should monitor the laws of privilege to ensure that the online storage will not cause loss or waive privilege. See N.Y.S.B.A. Eth. Op. 842 (Sept. 10, 2010).
15 12 2010