Category Archives: Legal Technology

Legal Cloud Computing Round Up

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As developers of a cloud-based law practice management and client communications system, we here at MyCase love to read and learn everything there is to know about cloud computing. So we make it a point to follow cloud computing trends, both generally and as they affect the legal field.

To that end, here’s our round up of some of our favorite posts about cloud computing from the past few weeks:

–Nicole Black

Should Legal Education Reform Include Law Practice Management Skills?

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Lately, the blogosphere has been abuzz over the idea of legal education reform, in large part due to the recent release of Stephen Harper’s book “The Lawyer Bubble.” In his book, Harper discusses what he believes to be a looming crisis facing the legal profession, caused in part by the ailing economy and our profession’s failure to respond to the changing times. He suggests, among other things, that solutions include revising law firm structures and reforming legal education, in part by incorporating “practical skills” into law school teachings.

So when a My Shingle post from 2011 written by my co-author, Carolyn Elefant about whether law schools failed to properly train law students popped up in my RSS feed, it struck me as very apropos. In it, Carolyn argues that solo lawyers don’t require special skills training in law school, since “creating separate practice tracks for big law and solos would widen the chasm even further.”

But she goes on to suggest that “(i)ntegrating practical skills (for example, contract drafting into Contract Law) would improve law school further, as would incorporating discussion of ethical issues into substantive law classes instead of ghettoizing it as an independent unit void of context.” In other words, the practical aspects of lawyering should not be overlooked when designing a 21st century law school curriculum.

Fast forward to 2013 and the debate rages on when it comes to integrating practical skills with substantive teachings. For example, at the Legal Skills Prof Blog, Professor Scott Frueweld, in the context of discussing the book “The Lawyer Bubble,” explains that, despite the argument of one of his colleagues to the contrary, practical skills training should be an important part of every law student’s law school experience, since “classes that are labeled ‘skills classes’ bring about deeper learning of concepts. Skills teachers do not teach skills in a vacuum. Skills must be taught in a knowledge domain, such as civil procedure or fair use.”

So, despite the passage of 2 years, many continue to believe that the importance of revamping legal education to include “practical skills” is paramount. However, one thing struck me as I read through the legal education reform posts about the inclusion of “practical skills”– that business and law practice management skills are rarely discussed.

For some reason business and law practice management skills take the perpetual backseat to “lawyering” skills and, of course, to substantive skills. So much so that they’re not often taught in law school, or are relegated to a single 2 or 3 credit class–in large part because, as noted in “The Lawyer Bubble,” most law schools are incentivized to prepare students for careers in large law firms, despite the fact that at least 63% of lawyers practice law in small law firms.

As a result, law students graduate from law school with little, if any, practical business knowledge, technology expertise, or law practice management experience. This leaves bar associations with the burden of bridging the legal education gap by forming law practice management sections devoted to teaching lawyers the nuts and bolts of running a law practice.

Of course, the bar associations’ efforts are simply stop gap measures and last ditch efforts to attempt to supplement insufficient legal educations. Instead of relying on bar associations to teach basic business skills, law schools should lead the way and anticipate and serve the needs of their graduates by teaching important law practice management skills to their students.

Whether this will happen anytime soon is anyone’s guess. Criticisms of the current system are nothing new, but even so, legal education reform has been slow going. So for now, lawyers will have to take it upon themselves to ensure that they’re fully armed with the necessary law practice management and practical skills needed to run a successful law practice. And bar association programs are a great place to start this educational process.

But even so, let’s hope that the mounting pressures on the legal industry discussed in the “Legal Bubble” will serve to spur much-needed change, both in our profession’s long standing, but outdated, traditions and in the curriculums of law schools.

Let’s hope. That being said, I’m not sure about you, but I’m not holding my breath.

–Nicole Black

How Legal Case Management Software Can Change Your Practice

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Bar disciplinary actions–they’re something every lawyer worries about. The good news is that the most common client complaints that lead to disciplinary actions can be easily avoided by using innovative 21st century tools–such as legal case management software–designed to help you stay on top of your busy law practice and change the way that you do business.

But first, what are the biggest reasons for client complaints? According to Todd Scott at the  RU@Risk blog, lack of organization and failure to communicate with clients are among the leading reasons behind many ethics complaints: “Allegations of lawyer incompetence, disorganization, having a conflict of interest or not properly communicating with the client dominate many of the ethics complaints clients make against lawyers when they are unsatisfied with their matter outcome.”

The good news is that legal case management software makes it easy to avoid these types of claims. As Scott explains:

(C)ase management software is in a class of its own for organizing a law office that may otherwise be in disarray…

A basic case management system will replace paper calendars, rolodexes, timesheets, notepads, manual tickler systems, and telephone message pads.

But sophisticated case management software programs can do more than just help keep your law firm organized; more robust programs can change the way that you serve your clients, while simultaneously solving the client communication problem as well.

Regular client contact is the key to happy clients, as Jared Correia recently explained at the Attorney at Work blog. He recommends that you ensure that you regularly contact your clients about their cases, even if nothing new has happened:

A main ingredient of the vast majority of bar complaints circles around lawyers’ poor communication cycles with clients…One of the biggest mistakes you can make as a lawyer is only talking to your clients when you need something from them, or when they call to yell at you. Set up a protocol to contact your clients on a recurring pattern, just to check in.

And that’s where effective legal case management software with built-in client portals comes in. Using online portals, your clients have instantaneous access to information about their cases and can quickly and easily find answers to many of their most common questions. They’ll no longer need to contact you to find out their next court date or obtain a copy of a document from their file.

Instead, your clients will have 24/7 access to their files and can use their client portal to get whatever information they need, right when they need it–even if it’s the middle of the night. And, that leads to happy clients, as Mark Brenner, a MyCase customer, recently explained:

 “In California you can actually get sanctioned by the Bar for not adequately communicating with your client…That risk has been virtually eliminated with MyCase because my clients are always notified whenever I work on a case. And my clients feel validated by the notification. As a result, my index of dissatisfied clients has simply disappeared. All of my clients feel like they are my only client–and it’s all because of MyCase.”

That’s why the right legal case management software can change your law practice. You no longer have to struggle to stay organized and in touch with your clients. Instead, case management software simplifies your practice, making it easier than ever for you to efficiently run your busy practice and focus what really matters: practicing law and achieving good outcomes for your clients.

–Nicole Black

Law Practice Management Wrap Up

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We here at MyCase love to read and learn everything there is to know about law practice management. So we make it a point to follow blogs that focus on law practice management in the 21st Century. And, every few weeks, we’ll share some of the posts that we found to be most interesting.

So now, for your reading pleasure–our wrap up of some of our favorite posts from the past few weeks:

–Nicole Black

Top 5 Resources for Solo Lawyers

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So, you’ve decided to head out on your own and start your own law firm, but have no idea where to start. Well, worry no more! There are plenty of resources available to newly solo lawyers, both online and offline. Whether you’re looking for information on the nuts and bolts of setting up your office  or are researching your legal software and technology options, there is a vast array of information designed to get you on the right track. So, let’s get started.

Books

There are a number of great books about the ins and outs of starting your own law firm. These books walk you through everything you need to know when starting a law practice:

Blogs

Of course, there are a number of great law blogs devoted to solo and small firm attorneys which cover topics ranging from marketing and technology to law practice management issues. Here are a few of the most useful blogs for solo and small firm lawyers:

  • Attorney at Work–a group blog covering a wide range of topics relevant to running a small firm practice
  • Lawyerist–another group blog devoted to providing information useful to solo and small firm lawyers
  • Solo in Colo–A blog by a solo attorney in Colorado that focuses on practical resources for solo attorneys
  • My Shingle–Carolyn Elefant’s long-standing, extremely helpful blog devoted to all things solo.

Online forums and resource centers

Aside from blogs, there are a number of other online resources available for solo and small firm practitioners. First off, don’t overlook the solo practice listservs and groups offered by your local or state bar associations. And, in addition to those resources, here are a few of the more well-traveled online resources created for solo attorneys:

Technology Resources

Technology is at the heart of every 21st century law firm. This is especially the case for solo firms, since cloud-based law practice management software and mobile technologies make it possible for solo attorneys to compete with larger firms in ways never before possible. So learning about new and emerging technologies is an important part of opening and operating a solo practice. Here are a few great places to start:

  • Google + community–Cloud Computing for Lawyers is a community devoted to legal technology, including cloud computing, and its use in law practices
  • MILO group–A Google group for solos and small firm lawyers who use Apple products in their firms
  • ABA Legal Technology Resource Center–The ABA provides lawyers with a wealth of information related to using technology in a law office
  • ABA Technology books–The ABA’s Law Practice Management Section publishes a large number of legal technology books designed to teach lawyers about law software, emerging technologies, online security, and more.

Conferences

Last but not least, don’t forget about the assortment of great legal conferences aimed at solos. These are fantastic educational and networking opportunities. So choose to attend one of two of these and invest in your practice and your future:

So if you’re thinking about hanging out a shingle, there’s plenty of information out there to help you establish a solo practice that works for you. So why wait? Seize the day and turn your dream of starting a solo law firm into a reality.

–Nicole Black

Forecast for Law Practice: Cloudy and Mobile

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There’s no doubt about it: lawyers are rapidly embracing cloud-based law practice software and mobile computing.  As we recently reported, according to the American Bar Association’s 2012 Legal Tech Survey, a whopping 89% of lawyers now use smartphones and the percentage of lawyers who use tablets for law-related tasks nearly doubled over the period of one year, increasing from15% in 2011 to 33% in 2012.*

According to William Peacock at the Technologist blog, running your law practice on the go using cloud computing, legal practice software, and mobile devices may very well be the law practice of the future:

We’re becoming an always-connected workforce. It’s no longer sufficient to run your office from your office. You’ve got to have access to your data at all times. That means cloud-based practice management software is going to become a near must-have in the near future.

It’s the ability to access your law firm’s data, right in the palm of your hand no matter where you are, that is so appealing to many lawyers. And, as Joe Dysart explains in “The Mobile Lawyer,” an article from the most recent edition of the ABA Journal magazine, it’s law practice software in the cloud that makes this a reality:

App fanatics cite all sorts of reasons why they believe mobile is the future of law computing, but the ability of apps to technologically arm an attorney on the go continues to be one of the format’s greatest draws…

Many apps…offer attorneys fingertip access to all the firm’s data that’s stored in the cloud, no matter where they happen to be.

Immediate access to information is key for many many lawyers–especially when in court. We discovered this after conducting a mobile survey of MyCase users, from which we learned that the majority of mobile users accessed MyCase using their mobile devices at least once every day, most frequently in court.

That’s why we recently released the first law practice software mobile app of its kind–for both clients and lawyers. The new client-facing MyCase app  allows legal clients to access their case information and securely communicate with their attorneys on the go. And, the lawyer-facing app allows MyCase customers to securely manage all aspects of their law practice on go.

In fact, MyCase customers often tell us how useful it is to be able to quickly and easily access case documents using their mobile devices and MyCase’s legal practice software platform. Erin Levine describes the benefits of 24/7 mobile access: “(W)hen I’m in court and someone claims I never filed an order, I can pull out my iPad and access a copy of the filed order right in court.” Another MyCase customer, Samantha Thomas, reports similar experiences: “No matter where I am, I can log onto MyCase and access my files. So if I’m at court and a judge tells me an Order isn’t in their file, I pull out my iPad, log into MyCase, and show the judge the time-stamped order. The judges love this.”

Speaking of judges and mobile devices–even judges have gone mobile, sometimes to their detriment, as recently happened in a Michigan courtroom.  A Michigan judge inadvertently triggered his smartphone’s voice commands, in violation of his own policy forbidding the disruption of courtroom proceedings by electronic devices. The good news is that he treated his violation the same as he would have treated anyone else’s. The AP reports that he subsequently “held himself in contempt and paid $25 for the infraction.”

So, the moral of the story is make sure you’re complying with court rules when using your mobile device–even if you’re the judge!

*For more interesting statistics about how lawyers use cloud-based law practice software and their mobile devices, make sure to check out our infographic on the Rise of Mobile for Lawyers.

–Nicole Black

ABA TechShow, Disruption, and Debate

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On Wednesday, April 3rd, the evening before ABA TechShow 2013 officially launched, Lexthink.1 was held. If you’re not familiar with it, it’s an outside-the-box mini-conference and this year, each speaker gave 6 minute talks about “disruption” in the legal marketplace.

Sam Glover, over at Lawyerist, wasn’t sold on the theme. The way Sam sees it, disruption refers to “disruptive innovation” and while it may have affected other industries, he contends that thus far, the legal field has pretty much been immune:

So far, the only disruption to the practice of law has happened around the edges. Sure, Rocket Lawyer and LegalZoom may have siphoned off a few clients. And predictive coding will put some contract lawyers out of their jobs (although doc review is only “legal work” due to a technicality), but can anyone point to an imminent threat of disruption to the legal market? I don’t think so…

If the legal market is hit by disruptive innovation, it will not come from people taking old business models and putting them online, which is all that has happened to legal research, forms, and pre-paid legal services. Instead, it will be more like Netflix driving Blockbuster to bankruptcy in a few short years.

Sam’s last analogy refers to a point made by MyCase’s very own Matt Spiegel during his Lexthink.1 talk. Matt asserted that just as Netflix destroyed BlockBuster’s business model in a few short years, so too will the online delivery of legal services drastically affect the concept of the brick and mortar law office as we now know it. In other words, the playing field is leveling.

Matt did not contend that the brick and mortar office would completely disappear, but rather, that astute lawyers would begin to position themselves to take advantage of the many benefits–including cost-savings, flexibility and agility–offered by the delivery of some or all aspects of legal services via online portals and platforms. And, according to Matt, the online delivery of legal services would act both as a  a supplement to and in some cases, a replacement for, traditional methods of delivering legal services.

In his talk, Matt astutely observed the similarities between movie-goers and legal consumers–specifically that the Internet has provided new ways of delivering both types of services thus resulting in a fundamental shift in the purchasing habits and expectations of consumers.

In other words, like movie-goers, legal consumers are beginning to expect more choices and greater flexibility. Movie-goers want to choose when and how they view movies just as legal consumers want more control over how and when they interact with their lawyers and obtain information about their cases.

And lawyers, by using affordable online legal software to manage their practices and communicate with their clients–and in some cases, choosing to abandon a brick and mortar office altogether–are able to provide more cost-effective and responsive legal representation.

Likewise, lawyers can take advantage of mobile apps to enhance their ability to represent their clients. For example,  attorneys can interface with their law practice management software and communicate securely with their clients using an app and their mobile device. Similarly, emerging technology allows solo and small firm attorneys to compete with BigLaw by using just their iPad and a trial presentation app that costs less $100 to present a client’s case to a jury. Before the recent advent of these types of apps, trial presentation software was premise-based and thus used primarily by large law firms since it cost thousands of dollars. Now solo and small firm attorneys have this affordable and powerful tool available in their arsenal. These tools are leveling the playing field.

But, is this type of technology truly disruptive? According to Clayton M. Christensen, the person who coined the term “disruptive innovation” in his book The Innovator’s Dilemma, it is.

As he explains in his 2007 Forbes article A Decade of Disruption: 

A disruptor redefines the notion of performance by pulling an overlooked innovation lever. Simplicity. Convenience. Accessibility. Affordability. All of these are hallmarks of disruptive innovation…

Generally, the true disruptive power of an innovation lies not in the technology itself but in the business model that surrounds that technology. Successful disruptors have the ability to make money at low price points. Or they have low overheads that allow them to start small and adapt. Or they play in a very different value chain, with new partners, suppliers and channels to market. It is these business model differences, and not technological prowess, that so often throw incumbents off-balance.

Simplicity. Convenience. Accessibility. Affordability. These characteristics are the very essence of disruption. And the delivery of online legal services– including communicating and collaborating with clients, co-counsel,  experts, and more via online law practice management platforms and mobile apps–is at the heart of the disruption. Just as the MinuteClinic’s low cost health care kiosks disrupted the delivery of health care services in 2000, the business model of the practice of law is likewise undergoing a dramatic transformation. The method of delivery is changing. The playing field is leveling. Disruption is occurring.

Which means that you have a choice to make. As Matt Spiegel asked at the close of his talk: Do you want your law firm to be Netflix or Blockbuster?

–Nicole Black

Tips from Josh Camson on choosing a cloud-based law practice management system

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Josh-Camson-Criminal-Defense-AttorneyThis week, we caught up with Josh Camson, a Pittsburgh criminal defense attorney and blogger at Lawyerist, where he is best known for his blog posts about his experiences in hanging up a shingle and starting a small law practice right out of law school.

One of his most popular series of posts at Lawyerist describes the process by which he and his partner tested the leading cloud-based law practices management systems, ultimately choosing MyCase. In this post, he shares tips that he learned along the way for choosing the best legal practice management software for your firm.

Why are law practice management systems important for a law office?

It’s important to come up with some kind of system to help you keep track of everything important to your practice. There are two ways to do this: either you use a jury rigged system from an assortment of providers or you use one practice management software system specifically designed to keep track of everything so that nothing slips through the cracks.

Why choose a cloud-based law firm management software over server-based legal software and how do you decide which is best for your law firm?

In my opinion, it’s not even an option to go server-based, the reason being when you’re sharing data with multiple lawyers in multiple locations–mobility is an absolute necessity. When using a cloud-based system there are less headaches because you don’t have to worry about IT maintenance for your server. With cloud computing, it’s the cloud provider’s problem and because each provider has many users, together the users have a stronger collective voice and thus any known issues that crop up are quickly corrected.

How did you prioritize features when you were looking at law firm management software?

We didn’t, because as a new firm, we didn’t know what we needed. Sure we had general ideas of what we wanted–billing, conflict check, contact management. And after trying out the leading cloud-based legal management software solutions, we began to get a sense of what features were most important to us. A more established firm would undoubtedly have a better idea of their needs based on the software currently being used.

I would say that now–after having used our software for a while–the homepage is the most important. I spend at least 80% of my time right there since most of what I use MyCase for is inputting data. So the well organized dashboard is extremely important to me. It’s so useful to have everything right there in front of me. The timer, the smart add feature, and the intuitive layout make it so easy for me to interact with the platform.

What are your top 3 tips for lawyers looking at the different case management software options?

1) Listen to your gut because once you choose your legal management software, you’re going to be using it every day all the time. And if you go with a particular platform just for the price or because a friend recommended it, you’re not going to be happy in the long run. It’s a personal preference, like picking a jury–sometimes you know right away if it’s not going to work.

2) Even if you think you won’t like a particular platform–give it a try. Test its features and make sure. Spend some time with it and don’t judge too quickly because you might miss something.

3) Be confident about your decision because once you’ve chosen a platform, it’s not always easy to switch to another platform.

Can you recommend the best sources when researching legal practice management options?

Lawyerist is a good resource. Law practice management software isn’t like a phone where you’ll want to read reviews regarding specs. You really don’t need to do a ton of research. Instead, it’s more important to give the different platforms a hands on test drive. Run a Google search to make sure you’re aware of the options available and then give them a try.

What are the top most useful features of legal practice software?

An easy-to-use timer, some type of mobile app, offline access, and customizable billing.

How has using a cloud-based case management software benefited your practice?

It’s allowed my partner and I to work from wherever we are. So, when I go on vacation it’s seamless and we never have any issues. Having a cloud-based case management software system offers complete peace of mind, since we know that we’re not letting anything fall through the cracks.

And, it’s so easy to ensure that our billing is up to date. It just takes one click to generate an invoice.

Another important feature is MyCase’s conflict check capabilities.

Finally, built in notes about the case ensure that anyone can pick up the case down the road and can see all of our notes about a client and every interaction with the client, all in once place.

 Any closing advice for lawyers looking at legal practice software?

Make sure that you want this kind of system because if you’re going for an all-in-one of system, once you do, you’re committed. It doesn’t make sense to piecemeal and use different systems and pay each company. But, make the most of the law firm management software you choose and make sure it works for you. And keep in mind that having everything in one place offers tremendous advantages, even if that means that as a result, some of the features will be less robust than others.

–Nicole Black

[UPDATED] ABA Techshow 2013: All You Need to Know

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[Updated to add Rocket Lawyer and Fastcase's Wednesday night events, below]

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Next week, tech-minded lawyers and legal professionals will descend upon Chicago for the annual ABA Techshow. If you’re not familiar with it, Techshow is a legal technology conference sponsored the the ABA’s Law Practice Management Section and its goal is “to bring lawyers and technology together.”

The schedule

This year looks to be as jam-packed full of useful information as ever, with a strong focus on mobile technologies and apps, cloud computing, social media, paperless offices, and collaboration tools and techniques. The entire conference schedule can be found here. And, for first time attendees, the ABA offer this very helpful guide to the conference.

The app

The ABA now offers a handy conference app which includes the full schedule, a list of exhibitors, and more. You can download the Android app here and the iOS app here. 

The EXPO Hall

And, if checking out all of the latest legal technology offerings is your thing, well then you’re in luck! The EXPO Hall is the answer you’ve been looking for and even if you’d rather not attend the conference, you can still visit the EXPO Hall by picking up a free EXPO Hall pass here.

At the EXPO Hall, you’ll find legal technology companies of all stripes and sizes, from traditional legal software companies to cutting edge legal cloud software companies and legal mobile app developers. Jason Wilson has a great run down of this year’s exhibitors at Rethinck and you can view this year’s EXPO Hall floor plan here. And, if you’re in the market for law practice management software, don’t forget to stop by and visit MyCase at booth 410, charge your mobile device, and sign up to win a $500 American Airlines gift card!

The pre-conference conference

Also, be sure to arrive early so you can attend Lexthink.1, an outside-the-box mini-conference held on the eve of Techshow at 8 pm on April 3rd at the Chicago Hilton. This year’s theme is “disruption,” and, along with 9 other speakers, MyCase’s very own Matt Spiegel will give a 6 minute talk on “The Death of the Office.” Get your tickets here.

The social calendar

Of course, there’s more to Techshow than just the sessions and the EXPO Hall–it’s just as much about networking and having fun. And there are lots of opportunities for that!

First, on Wednesday night, Rocket Lawyer is hosting a reception at 6 pm right before Lexthink.1 (in the room next to where Lexthink.1 is being held. Then, Fastcase is hosting Sangria Happy Hour immediately following Lexthink.1. It starts at 9:30 pm and will be held at Mercat a la Planxa, 638 S Michigan Avenue.

Next, on Thursday April 4th after the official ABATECHSHOW welcome reception at 5:30 pm in the EXPO Hall, don’t miss Martinis with MyCase on Thursday April 4th from 6:30 – 9:30 pm at Buddy Guy’s Legends. You can learn more about the event here and if you’d like to attend, drop me an email and I’ll have an invite sent out to you (niki.invite.rsvp@gmail.com), but hurry–there’s not much room left!

On Friday night April 5th from 5:30-7pm, the annual “Beer for Blawggers” event will be held in the Hilton Chicago’s Lakeside Green Lounge.

Finally, when it comes to dinners, you’ve got a lot to choose from! First, Carolyn Elefant and I are co-hosting a dinner on Friday night at 6:30 pm: Wine and Dine Offline in Chicago. You can learn more about the dinner here. If you’d like to attend, drop me an email (niki.invite.rsvp@gmail.com) and I’ll have an invite sent out to you, but hurry–there are only a few spots left!

And last, but certainly not least, are the Taste of Techshow dinners which are hosted by this year’s Techshow speakers. The dinners are held on Thursday and Friday nights and you can sign up once you arrive at the conference.

So there you have it–the scoop on Techshow 2013! Safe travels and hope to see you there!

–Nicole Black

Recent ethics opinions green light lawyers’ use of cloud computing

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For most lawyers, cloud computing is a familiar concept since it’s been around for years now. For that reason, law firms are increasingly taking advantage of the benefits offered by this flexible, affordable technology.

So, it’s not surprising that as more law firms seek to use cloud computing platforms in their practices, bar associations across the United States are issuing opinions on the ethics of lawyers using cloud computing, with both Florida and New York weighing in on these issues over the last few months.

First, there’s Proposed Advisory Opinion 12-3 handed down by the Professional Ethics Committee of the Florida Bar in January. After analyzing opinions from other jurisdictions and reviewing the applicable ethical rules, the Committee concluded that Florida attorneys could ethically use cloud computing in their law practices:

In summary, lawyers may use cloud computing if they take reasonable precautions to ensure that confidentiality of client information is maintained.  The lawyer should research the service provider to be used, should ensure that the service provider maintains adequate security, should ensure that the lawyer has adequate access to the information stored remotely, and should consider backing up the data elsewhere as a precaution.

The Committee also cautioned that, when dealing with particularly sensitive information, lawyers should consider whether housing said data in the cloud would be appropriate even where all of the above conditions were met.

The Committee of Professional Ethics of the New York State Bar Association also recently addressed issues of client confidentiality and alternate methods of data storage in Opinion 940 (10/16/12). At issue in this case was whether: 1) a law firm may use tape backups containing confidential client data, where the tape backups are stored offsite by a third party, and 2) whether electronic copies of documents were sufficient since the New York Rules of Professional Conduct require an attorney to maintain certain records or must the attorney retain the paper originals.

The Committee concluded that in most cases retaining documents as required by Rule 1.15(d)(1) in electronic form is ethical. The Committee explained that it is ethical to store confidential client data with a third party, whether on tape backups or otherwise, but prior to outsourcing the storage and maintenance of client data, lawyers must ensure that they have a basic understanding of the services and technologies provided and must exercise due diligence in researching the provider.

Finally, in another opinion issued in October, the New York State Bar Association’s Committee on Professional Ethics touched on issues of confidentiality arising when lawyers share computer resources and the Committee’s final determination included language similar to that used in both opinions discussed above.

In Opinion 939 (10/16/12), the inquiring attorney asked whether it was ethically permissible for private lawyers who shared office space to share a computer for confidential, client-related information, where each attorney used separate, private administrative passwords to access the computer.

Importantly, at the outset of the opinion, the Committee emphasized that the Rules of Professional conduct do not require attorneys to “preserve confidentiality at all costs” and instead simply require that lawyers protect client confidentiality by exercising reasonable care under the circumstances.

Next, the Committee turned to the issue at hand and concluded that:

Lawyers practicing as sole practitioners but sharing space may share a computer to store and process client confidential information, but only if, under the actual circumstances relating to the computer, including its software and passwords and their use, the lawyers take reasonable precautions to ensure that the privacy of the confidential information is protected.

In summary, each of these opinions revolved around ideas related to preserving confidentiality and the conclusions reached required that lawyers take reasonable steps to ensure that appropriate measures were in place to ensure that their client’s data is secure. Importantly, absolute security was never a requirement since absolute security is an impossibility.

If you’d like to learn more about cloud ethics opinions from across the United States, take a look at this useful ABA chart.

–Nicole Black