The Ethics of Cloud Computing for Attorneys
As with any new technology for lawyers, the rise of cloud computing has brought ethical and security concerns to the forefront of everyone’s mind.
Lawyers have an ethical responsibility to provide competent representation to their clients, which includes taking reasonable steps to ensure that their client’s data is securely stored and remains confidential. Since cloud computing involves storing and sharing (confidential) information offsite (in the Internet, aka the cloud), many questions have been raised about the ethics of doing so.
Q: What is cloud computing?
A: According to the National Institute of Standards and Technology, cloud computing is “a model for enabling convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction.”
Q: Why has it become so popular?
A: Putting your data in the cloud enables you to work from anywhere with an Internet connection – in Court, at lunch, on vacation etc. You always have access to your data and can provide excellent client service no matter where you are.
Q: Should I be concerned about the ethics of using cloud-based services in my practice?
A: While there will always be some skeptics, cloud computing is a viable option for attorneys. Most people have found that cloud providers have implemented the necessary security features to keep confidential client data safe in the cloud.
Q: Have there been any formal rulings or opinions on cloud computing for attorneys?
A: In 2010 the North Carolina State Bar Association proposed a formal ethics opinion stating that cloud computing is permissible for lawyers as long as steps are taken to “effectively minimize the risk of inadvertent or unauthorized disclosure of confidential client information and to protect client property, including file information, from risk of loss.”
Other associations are following suit, allowing attorneys to chose for themselves if cloud computing is right for them.
Q: What are some of the security features I should look for in a cloud provider?
A: Of course, absolute security is impossible both in your physical office and the cloud. But there are steps you can take to ensure your data is safe. Before handing your data over to a cloud provider, make sure they have the following security measures in place:
- SAS 70 certified: This means their organization has been through an in-depth audit of their controls over information technology and related processes.
- Enterprise class firewalls: This refers to a device that permits or denies network access and transmissions.
- Encryption: The process of converting data into ciphertext, a code that can’t be easily understood by unauthorized personnel.
- Monitoring of invalid login attempts: After so many failed login attempts, the system will lock, ensuring unauthorized personnel can’t gain access to your data.
Some providers also offer round-the-clock physical security which is another great way to ensure your data is always protected.
Additional Information
The following resources analyze the ethics behind cloud computing for attorneys and can help you decide if cloud computing is right for you:
Intro to Cloud Computing and Its Ethical Implications: http://www.criminallawlibraryblog.com/2010/04/intro_to_cloud_computing_and_i.html
New ABA Ethics Opinion on Electronic Communication:
http://virtuallawpractice.org/2011/09/new-aba-ethics-opinion-on-electronic-communication/
Lawyers, Ethics, Security & The Cloud:
http://michaelpower.ca/2010/08/lawyers-ethics-security-the-cloud/
The State Bar of California Opinion No 08-0002: http://www.infolawgroup.com/uploads/file/LinkClick.pdf
Cloud Computing: An Ethical Challenge For Lawyers: http://www.lawgazette.co.uk/blogs/blogs/euro-blog/cloud-computing-ethical-challenge-lawyers
Cloud Computing and the Ethical Obligations for Lawyers:
http://www.firmex.com/blog/legal-ethics-of-cloud-computing/
Legal Implications of Cloud Computing:
http://www.infolawgroup.com/2010/10/articles/cloud-computing-1/legal-implications-of-cloud-computing-part-five-ethics-or-why-all-lawyersnot-just-technogeek-lawyers-like-meshould-care-about-data-security/
