New and events of the Philadelphia Bar Asso.
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42 the philadelphia lawyer Fall 2015 Technology Technology W hen last we explored the "cloud" in a 2011 column, it was a relatively new and mysterious concept to many attorneys. They may have heard about it in seminars, or read about it in journals and magazines or viewed advertisements for services that promised to make their lives easier. Yet, despite the passage of nearly four years, many attorneys still claim that they are not using the cloud, but their perception is not reality. According to the American Bar Association 2014 Technology Survey, 91 percent of attorneys use smartphones, those devices that are literally glued to our hands. Without the "cloud," a smartphone would be about as intelligent as a stapler. Those same attorneys who believe they are not using the cloud probably do not realize that their Gmail accounts are, as were their AOL accounts, based in that mysterious cloud. Cloud computing continues to change how law firms of all sizes operate. In this column, I will address the current state of cloud computing, as well as the risks and benefits this technology presents. Many people still ask, "What is the cloud?" The answer is relatively simple. Quinn Norton defined the concept in the September 2010 issue of Maximum PC, explaining that "Cloud computing is a fancy way of saying stuff's not on your computer. It's on a company's server, or many servers, possibly all over the world. Your computer becomes just a way of getting to your stuff." Norton further explained the "catch": "When [y]our stuff is in the cloud, it's not covered by the same laws about privacy and access by law enforcement that it is when it's in our houses or on our own computer." While this definition sounds cynical, it is quite accurate. By storing your data in the "cloud," you save money because your staff can use terminals or less expensive computers when accessing the cloud. But you have to be careful that your data is secure and protected from prying eyes and from inadvertent disclosure. Thus, the most tangible benefit of the cloud for many firms is the reduction in overhead and the resultant reduction in hassle maintaining and/or upgrading their systems. Plus, there is often an The Cloud: Revisited and Debunked BY DANIEL J. SIEGEL For Attorneys, Ethical Concerns and the Dangers of Compromising Client Confidentiality are Quite Real