![]() ![]() Be able to access and delete the information if the service is terminated by either party.Confirm the extent to which the cloud provider backs up data.Ensure that only authorized personnel can access the information.Be able to recreate the original paper document if needed.Stay up to date with the current technology to ensure that they are using adequate measures to protect client information.Ensure that the cloud provider’s user agreement acknowledges the information stored will be kept confidential.Specifically, attorneys using cloud-based service providers must: Reasonable care is defined a bit differently in each opinion, with Pennsylvania being the most restrictive, but many requirements are common amongst the states. ![]() In general, each of those opinions impose the same standard of care on attorneys, namely, that they must use “reasonable care” when storing confidential client information on the cloud. Indeed, every state that has rendered an opinion on an attorney’s use of cloud computing has stated that it is a permissible activity. Fortunately, the bar associations of many states have issued opinions governing how attorneys can use cloud computing to store client data. Whether attorneys are using cloud-based service providers for merely storing files, or for maintaining a robust case management software, they must be cognizant of the ethical obligations that arise from storing confidential client information on someone else’s servers. A service like DropBox starts at only $9.99 a month and, like other cloud-based data storage services, provides the benefit of mobile access using not only laptops, but also smart phones and tablets. With the advent of high-speed Internet connections and cheap data storage, cloud computing can provide attorneys with a cost effective means to store and access their information. According to the Pennsylvania Bar Association, cloud computing is “a fancy way of saying stuff’s not on your computer.” Pennsylvania Bar Association Formal Opinion No. “Cloud computing” generally refers to the process of storing data on a third party server that can be accessed using the Internet.
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