Secure Legal Management In The Cloud
Many lawyers use cloud services without even realizing that's what they are. Technically, cloud services are any web-based software which includes popular email services such as Google's Gmail. The number of lawyers that are using cloud services has risen by 10% since last year and the actual number is probably much higher since many lawyers may be using web-based programs without realizing it.
While the majority of lawyers that refuse to use the cloud cite security and ethical concerns, there are many third parties that lawyers already share confidential client information with. Some of these include court employees, document processing companies, process servers, legal document delivery services, building cleaning crews and seasonal interns. Yet suddenly these lawyers are worried about cloud services that have spent enormous amounts of money and research to ensure that their security measures are top-notch.
While security has not been required in these instances, ethics committees have arrived at the conclusion that due diligence requires that lawyers seeking to use web-based legal management software must take reasonable steps to ensure that confidential client data remains safe and secure.
While the majority of lawyers that refuse to use the cloud cite security and ethical concerns, there are many third parties that lawyers already share confidential client information with. Some of these include court employees, document processing companies, process servers, legal document delivery services, building cleaning crews and seasonal interns. Yet suddenly these lawyers are worried about cloud services that have spent enormous amounts of money and research to ensure that their security measures are top-notch.
While security has not been required in these instances, ethics committees have arrived at the conclusion that due diligence requires that lawyers seeking to use web-based legal management software must take reasonable steps to ensure that confidential client data remains safe and secure.
Ethics advisory
In the Ethics Committee Advisory Opinion #2012-13/4 titled "The Use of Cloud Computing in the Practice of Law,"it states that
"It bears repeating that a lawyer’s duty is to take reasonable steps to protect confidential client information, not to become an expert in information technology. When it comes to the use of cloud computing, the Rules of Professional Conduct do not impose a strict liability standard. As one ethics committee observed, “Such a guarantee is impossible, and a lawyer can no more guarantee against unauthorized access to electronic information than he can guarantee that a burglar will not break into his file room, or that someone will not illegally intercept his mail or steal a fax.”
What the committee is saying is that it is impossible to guarantee absolute security and that every time you allow data to be handled by a third-party, there is a risk. So this applies to any third-party cloud services, as well as any other third-party companies, court employees, etc.
"It bears repeating that a lawyer’s duty is to take reasonable steps to protect confidential client information, not to become an expert in information technology. When it comes to the use of cloud computing, the Rules of Professional Conduct do not impose a strict liability standard. As one ethics committee observed, “Such a guarantee is impossible, and a lawyer can no more guarantee against unauthorized access to electronic information than he can guarantee that a burglar will not break into his file room, or that someone will not illegally intercept his mail or steal a fax.”
What the committee is saying is that it is impossible to guarantee absolute security and that every time you allow data to be handled by a third-party, there is a risk. So this applies to any third-party cloud services, as well as any other third-party companies, court employees, etc.
Data protection and backup
The best news is that you can use third-party cloud services to increase your security and to ensure that you do not suffer any data loss. By using cloudHQ you are guaranteed to have secure backup of all data that you place in the cloud. Not only are you protected from natural disasters such as fire, floods, tornadoes and hurricanes, but you are completely protected from hackers and the number one cause of data loss in the cloud - human error. If you accidentally delete important files or documents, you can quickly restore them using cloudHQ. All of your files and documents are replicated to a separate backup account. The replication is instantaneous and runs in the background so you can continue to work uninterrupted as it continuously backs up all new files and documents you add, and also backs up all changes to existing files and documents.
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