1. The Ethics of Cloud Lawyering
Yaacov Silberman, Rimon, P.C.
Date: August 10, 2011
2. Yaacov Silberman
•Director of Operations at Rimon
•Debt Finance Group at Ropes &
Gray, LLP
•Assistant Director (Web Content)
at TheLaw.com
•University of Pennsylvania Law
School (J.D.)
•Yeshiva University (B.A.)
•Casual Geek
3. What is “Cloud
Computing”?
What are the ethical
concerns?
✤Rules of Professional
Conduct
✤State Bar Opinions
How do I evaluate a
vendor?
11. COMPETENCE
MRPC 1.1: A lawyer shall provide
competent representation to a client.
Competent representation requires the
legal knowledge, skill, thoroughness
and preparation reasonably necessary
for the representation.
12. COMPETENCE
MRPC 1.1: A lawyer shall provide
competent representation to a client.
Competent representation requires the
legal knowledge, skill, thoroughness
and preparation reasonably necessary
for the representation.
CA Rule 3-110. Failing to
Act Competently.
(A) A member shall not
intentionally, recklessly, or
repeatedly fail to perform
legal services with
competence.
14. Confidentiality
MRPC 1.6 (a): A lawyer shall
not reveal information relating to
the representation of a client unless
the client gives informed consent,
[or] the disclosure is impliedly
authorized in order to carry out the
representation . . . .
15. Confidentiality
MRPC 1.6 (a): A lawyer shall
not reveal information relating to
the representation of a client unless
the client gives informed consent,
[or] the disclosure is impliedly
authorized in order to carry out the
representation . . . .
CA Rule 3-100.
Confidential Information of
a Client.
(A) A member shall not
reveal information protected
from disclosure by Business
and Professions Code section
6068, subdivision (e)(1)
without the informed
consent of the client . . . .
16.
17. THE STATE BAR OF CALIFORNIA
STANDING COMMITTEE ON
PROFESSIONAL RESPONSIBILITY AND
CONDUCT
FORMAL OPINION NO. 2010-179
Does an attorney violate the duties of
confidentiality and competence he or she owes to
a client by using technology to transmit or store
confidential client information when the
technology may be susceptible to unauthorized
access by third parties?
18. THE STATE BAR OF CALIFORNIA
STANDING COMMITTEE ON
s
PROFESSIONAL RESPONSIBILITY AND
d
CONDUCT
n
FORMAL OPINION NO. 2010-179
e p e
Does an attorney violate the duties of
D
confidentiality and competence he or she owes to
I t
a client by using technology to transmit or store
confidential client information when the
technology may be susceptible to unauthorized
access by third parties?
41. I n t he e v e n t T h e mis Solution s In c.
goes t h r ou g h a bus in es s tr a n s ition ,
s uc h as a me r ge r , acq uisition b y
an ot h e r c omp an y, or sa le of a ll or a
po r t io n o f it s as s e ts , y our p e r s on a lly
id ent i fi ab l e in f o r mation will like ly
be am o n g t h e a s s e ts tra nsferred. You
w il l be n ot if i e d v i a e mail a n d a
no t ie ia ma il
pr o mi ne n t n o t ic e on our We b s ite for
30 da ys o f an y s uc h ch a n ge in
ow n er s hi p o r c o n t rol of y our
pe r s o n al in f o r mat ion .
- Cl io P ra ctice M an a gemen t
43. Free/Low Cost Paid/Enterprise
Storage
/Sharing
“Dropbox cooperates with government and law enforcement
officials and private parties to enforce and comply with the
law. We will disclose any information about you to
Backup government or law enforcement officials or private parties as
we, in our sole discretion, believe necessary or appropriate to
respond to claims and legal process (including but not limited
to subpoenas)”
44. Free/Low Cost Paid/Enterprise
“Decho does not disclose Personal Data,
Storage including the data you back up with the Service,
unless disclosure is necessary to comply with an
/Sharing enforceable government request such as a
warrant.”
Backup
45. Free/Low Cost Paid/Enterprise
Storage
/Sharing
“. . . the receiving party will (a) use such Confidential Information
solely for the purposes for which it is provided; (b) not disclose such
Confidential Information to any third party; . . . The foregoing will
Backup not apply to any use or disclosure that is (i) required by applicable
law, legal process or governmental authority, provided that the
receiving party uses reasonable efforts to notify the disclosing party
of the required disclosure and cooperates in obtaining a protective
order to limit such disclosure . . . .
46. Free/Low Cost Paid/Enterprise
Storage “SOS cannot access data stored with UltraSafe
even under a Court order; the data is encrypted
/Sharing and the correct password must be supplied to
access the data.”
Backup
48. Free/Low Cost Paid/Enterprise
If you have a Free Account, Mozy may terminate your
account and these Terms immediately and without
notice if your computer fails to access the Services to
perform a backup for more than thirty (30) days or
you fail to comply with these Terms.
49. Free/Low Cost Paid/Enterprise
The Licensor may cancel the Subscriber’s Service with
or without cause upon thirty (30) day’s prior written
notice given by the Licensor by at least two emails sent
to the Subscriber at the Subscriber’s address as shown
in the Subscriber’s account details.
● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n