New and events of the Philadelphia Bar Asso.
Issue link: https://thephiladelphialawyer.epubxp.com/i/574228
44 the philadelphia lawyer Fall 2015 • Include terms in the "terms of service" that require the provider to preserve confidentiality and the security of the data; • Include terms in the "terms of service" that require the provider to guarantee that, should data be removed or the contract terminated, that all confidential data will be destroyed in a method that assures that no other persons can access the data; and, • Confirm that all data will be stored in the U.S. In the past, most attorneys did not have the leverage to have these terms included in their cloud computing agreements. In recent years, more and more providers have recognized the small- and mid- size firm market and have included such terms in their agreements. In addition, attorneys are fortunate to have ample ethical guidance to direct them. The American Bar Association Legal Technology Resource Center has compiled all of the ethical guidance from state bar associations so that attorneys can review the recommendations from all of the states in which they practice. Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility Formal Opinion 2011-200 ("Ethical Obligations For Attorneys Using Cloud Computing/ Software As A Service While Fulfilling The Duties Of Confidentiality And Preservation Of Client Property"), of which I was a primary author, remains a leading opinion for Pennsylvania attorneys. If you practice in other states, the ABA Legal Technology Resource Center, located at http://www. americanbar.org/groups/departments_ offices/legal_technology_resources/ resources/charts_fyis/cloud-ethics- chart.html, provides links to all of the current guidance and helps even the most tech-averse attorneys understand the issues confronting them when using cloud computing services. Cloud computing is changing how law firms operate, by reducing overhead and increasing productivity through easier access to and the use of collaborative tools (such as Google Docs) and other applications. It can also be a trap for the unwary if they merely contract with a vendor without conducting proper due diligence or reading the agreements they sign. With reasonable precautions, however, cloud computing is a valuable tool that attorneys should use to access software and store client data and, of course, access data on their smartphones. Daniel J. Siegel (dan@danieljsiegel.com), the principal of the Law Offices of Daniel J. Siegel and president of Integrated Technology Services, LLC, is a member of the editorial board of The Philadelphia Lawyer. The American Bar Association Legal Technology Resource Center has compiled all of the ethical guidance from state bar associations so that attorneys can review the recommendations from all of the states in which they practice.