The Arizona State Bar Association has issued an advisory ethics opinion approving of lawyers’ use of encrypted online storage services to store client information. See Az. State Bar Op. 09-04 (Dec. 2009). The opinion, however, warns lawyers to keep informed of technological developmen
ts:
Lawyers providing an online file storage and retrieval system for client access of documents must take reasonable precautions to protect the security and confidentiality of client documents and information. Lawyers should be aware of limitations in their competence regarding online security measures and take appropriate actions to ensure that a competent review of the proposed security measures is conducted. As technology advances over time, a periodic review of the reasonability of security precautions may be necessary.
If anybody is interested, I was the “inquiring attorney” whose question led to this pioneering Ethical Opinion. Please contact me if you would like to know more about how to provide your clients with this cutting-edge service.
Mike Tully
(520) 975-4142
mike@miketullylaw.com
online file storage can be just as safe as any other type in my opinion, and in many ways it could be considered safer. Done well, and I would generally say it is the better solution.
It is good to know that law firms are discussing this topic now; because in the past, there had been lack of security being deployed by law firms.