050514 AKEO, 2014-3

• Case Date: May 05, 2014
• Court: Alaska

2014-3 Ethics Opinion 2014-3 Alaska Ethics Opinions Alaska Bar Association May 5, 2014           Approved by the Alaska Bar Association Ethics Committee on April 3, 2014.          CLOUD COMPUTING & THE PRACTICE OF LAW          QUESTION PRESENTED          Is it ethically permissible for a lawyer to store files in a cloud-based system and, if so, under what circumstances?          CONCLUSION          A lawyer may use cloud computing for file storage as long as he or she takes reasonable steps to ensure that sensitive client information remains confidential and safeguarded. With the issuance of this opinion, Alaska joins the community of bar associations concluding that cloud computing is permissible so long as reasonable steps to protect the client are taken.^[1]          INTRODUCTION          Cloud computing is the practice of using a network of remote servers to store, manage, and process data, rather than a server in a law office or a personal computer. Typically it is purchased on a subscription basis, usually for a monthly fee. The provider takes over the responsibility for keeping up with new technology and software updates, while the lawyer enjoys access to all the data stored in the cloud from any location with Internet access. The delegation of this file storage service to the provider of cloud computing, however, adds a layer of risk between the lawyer and sensitive client information. Because the lawyer's duties of confidentiality and competence are ongoing and not delegable, a lawyer must take reasonable steps to protect client information when storing data in the cloud.          RELEVANT AUTHORITIES          Numerous provisions from the Alaska Rules of Professional Conduct are relevant to the analysis of whether cloud computing is ethical in the practice of law.          Rule 1.1 mandates a lawyer provide competent representation, which requires legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Comment 6 requires lawyers to keep abreast of changes in the law and its practice.          Rule 1.6 addresses confidentiality of information. It requires that a "lawyer shall not reveal a client's confidence or secret[.]"^[2] This provision is of paramount importance in the attorney-client relationship. The Rule further specifies that a "lawyer must act competently to safeguard a client's confidences and secrets against inadvertent or unauthorized disclosure by the lawyer, by other persons who...