Thanks for that link Larry.

The issue of the security/stability of the cloud is spurring some
interesting comments and debate in the legal industry as well, particularly
whether or not use of the cloud constitutes a breach of a lawyer's duty of
confidentiality.  ***Caveat: I am not a lawyer! Continue reading at your own
risk!***

Here's how the story goes:  Lawyers, according to the Rules of Professional
Conduct and associated Ethics Opinions, have an affirmative duty to protect
the interests of their clients, including preserving confidentiality.
Because there have been verified breaches of content from some clouds
(Google Docs, for one), there are some in my industry that feel those
breaches, in and of themselves, is enough to drive lawyers to avoid the use
of the cloud altogether for the creation, use and/or storage of material
that relates to client work.

My initial reaction to that conclusion is, let's not be so hasty.  Sometimes
1+1 equals 2, when other times 1+1 equals more than 2 ... here I think it
only equals 2.  By that I mean just because there have been some breaches
with some products, doesn't necessarily mean that the entire approach is
problematic.  Lawyers/law firms should be very thoughtful about their use of
the cloud, but I can't see any overwhelming reason to avoid it nor do I feel
that its mere use constitutes, in fact, a breach of confidentiality nor does
it necessarily imply negligence with regard to their ethical duties.

The trick to the issue is two fold: 1) how the lawyer/law firm interprets
the phrase "reasonably practicable", and 2) how they go about their due
diligence with regard to selecting and using clouds.

The impact of lawyer ethical obligations on RIM is my current "for fun"
research focus and is a topic I am using for some writing and potential
speaking engagements.  Would love to hear any feedback folks have on the
issue of cloud computing and lawyer ethics - lawyer or not.  Perspectives
other than mine are wholeheartedly encouraged!

Julie

-- 
Julie J. Colgan, CRM

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