Technology: Cloud computing—How ethics opinions can help

Recent opinions clarify how counsel should use the cloud.

Clients are not the only ones using the “cloud” for business purposes; in-house and outside counsel also are using the cloud to store and use confidential client information. Some recent ethics opinions address this issue, and their guidance equally applies to the business of law and our clients.

The New York State Bar Association Committee on Professional Ethics concluded that a lawyer may use a “cloud computer data backup system to store client files provided that the lawyer takes reasonable care to ensure that the system is secure and that client confidentiality will be maintained.” See Opinion 842 (9/10/10).


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Jason Epstein

Jason I. Epstein is a shareholder and chair of the Business and Technology Group at Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (Nashville, Tenn.). He...

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