MCLE SELF-STUDY ARTICLE: THE CLOUD: SECURE? YES. ETHICAL? NOT SO FAST!

By Perry Segal and Donna Seyle

The importance of ethical considerations in using cloud technology in your law practice cannot be overstated. Yet, it is one of the most misunderstood areas of regulation with which lawyers are mandated to comply. There are good reasons for this state of affairs: IT-aholics develop new software, and new iterations of this new software, faster than anyone can keep up with. And of course, the legal profession and
those who regulate it showed up late to the dance.

That said, within the last two years the American Bar Association and State Bar Associations have been playing catch-up. There has been an increasing number of Model and State Bar Rule revisions and clarifications that address the issues of which lawyers need to be cognizant, and the procedures they should integrate into their practices in response to the potential for harm to their clients when using cloud technology.

This article is a focused review of the Model and California Rules related to two distinct areas of cloud use by lawyers: