New and events of the Philadelphia Bar Asso.
Issue link: https://thephiladelphialawyer.epubxp.com/i/574228
the philadelphia lawyer Fall 2015 43 increased ease of access, because these web-based systems may generally be accessed at any time. Although cloud computing comes in many forms, law firms generally use it in two ways: SaaS (software as a system) or PaaS (platforms as a system), although most users will never know or understand the difference. Regardless of which category is used, if you are not careful, you may find yourself or your firm at the mercy of the cloud provider in terms of how your data is stored, how you access it and how secure it is. Norton noted in her column that there are risks involved in using cloud computing: "[Y]our access to your data in the cloud is predicated on a terms and services contract that you clicked "agree" on without reading, which may give your cloud provider everything up to and including the right to extort your first born in exchange for access to your own data." For attorneys, the potential for, and dangers related to, compromising client confidentiality are quite real. That is why attorneys must take great care to assure that any data stored offsite remains confidential and not accessible to anyone other than those persons authorized by their firms. Common forms of cloud computing include the array of smartphone apps and Office 365, Microsoft's popular online version of its Office suite. Firms also use cloud computing for case and matter management, document management, collaboration, digital dictation services and time and billing services. For some firms, especially smaller firms without an onsite IT staff, the use of cloud computing allows them to focus more on practicing law because the cloud computing provider operates, updates and maintains the practice management software. In addition, many firms use the cloud either to store client data or to backup their data offsite. According to the ABA survey, 51 percent of solo practitioners, and 39 percent of all law firms use the cloud to backup their data. But the use of cloud computing also raises ethical and practical concerns. First, attorneys have an ethical duty under the Rules of Professional Conduct to protect sensitive client data and to ensure that confidential data is preserved. Rule 1.6 reminds attorneys that they must "act competently to safeguard information relating to the representation of a client against unauthorized access by third parties and against inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer's supervision." It also notes that "The unauthorized access to, or the inadvertent or unauthorized disclosure of, information relating to the representation of a client does not constitute a violation of paragraph (c) if the lawyer has made reasonable efforts to prevent the access or disclosure." Finally, the comment outlines factors to be considered in determining the reasonableness of the attorney's efforts, which "include, but are not limited to, the sensitivity of the information, the likelihood of disclosure if additional safeguards are not employed, the cost of employing additional safeguards, the difficulty of implementing the safeguards, and the extent to which the safeguards adversely affect the lawyer's ability to represent clients (e.g., by making a device or important piece of software excessively difficult to use)." Thus, the question arises as to what are the ramifications of storing confidential client files via the cloud. Clearly, attorneys may store information in the cloud but only if the methods of transmission and storage are secure and protect against unauthorized access or disclosure. At a minimum, and in order to meet the standard of reasonable care, attorneys should: • Learn how cloud providers will handle the data entrusted to them; Pay-as-you-go WIFI Simplicity with Karma Go As far as public WiFi goes, the spottiness of coverage and general lack of access makes having a portable hotspot, or MiFi, seem like a good idea. However, MiFis often require the user to purchase a data plan through a major carrier like AT&T; or Verizon. Also, these plans usually charge a monthly fee, regardless as to how often the MiFi is used or how much data is consumed. Karma Go offers an innovative solution. It is essentially a MiFi without the data plan requirement. The Karma Go pack costs around $149, plus $14 for one gigabyte of memory. Users also have the option of buying fve gigabytes of memory for $59 or 10 gigabytes for $99, on top of the cost for the hardware. What differentiates Karma Go from traditional data plans is that Karma Go plans are pay-as-you-go and the memory never expires. Additionally, a user can earn 100 megabytes of memory for every web surfer who signs on to Karma Go's network through the user's device and sets up an account. Karma Go works off of the Sprint network which serves a smaller network than bigger carriers. However, its simplicity and pay-as-you-go plan options make it a worthy alternative to standard MiFis. PAeDOcket for iOS and Android Pennsylvania courts have launched PAeDocket, a mobile app that enables users to quickly and simply search for court cases and dockets. Available in both Google Play and iTunes stores, PAeDocket can locate charges, court dates, upcoming hearings and case status. With already over 3,000 users, PAeDocket holds a fve-star rating. Searchable categories include case number; participant name; organization name; offense tracking number; police incident or complain number; and state ID number. The judiciary reminds users not to access the app while driving. Tech BRIEFS "[Y]our access to your data in the cloud is predicated on a terms and services contract that you clicked "agree" on without reading, which may give your cloud provider everything up to and including the right to extort your first born in exchange for access to your own data."