Legal Research

ABA Commission on Ethics 20/20?S Issue Paper on Cloud Computing: Final Call for Feedback

By Jack Newton

The comment period for the ABA Commission on Ethics 20/20′s issues paper on ?Client Confidentiality and Lawyers? Use of Technology” closes on December 15th. The Commission is soliciting feedback from all corners, but would particularly like to gather feedback from practicing attorneys. The scope of the issues raised by the paper is broad:

1. Form of the Commission’s conclusions. The commission is soliciting feedback on how to best release its findings: a white paper, legal technology resource site, or possibly a change to the ABA Model Rules of Professional Conduct.
2. Best Practices. What “best practices” exist for the storage and access of confidential client data in cloud-based systems? Should the Commission have a say in forming a new list of best practices?
3. What confidentiality issues arise with the use of cloud computing? What new confidentiality-related issues arise with the use of cloud computing technology? Should the Commission do more to address the security- and privacy-related issues inherent with traditional on-premise computing?
4. Is cloud computing a form of outsourcing? Is cloud computing a form of outsourcing and therefore subject to adhering to both ABA Formal Ethics Opinion 08-451 and Model Rule 5.3?
5. Insurance in the cloud era. Should lawyers consider purchasing cyberinsurance or cyberliability insurance to protect against the accidental disclosure of confidential client data stored in either cloud-based or on-premise forms?

If you have feedback on any of the questions being asked by the commission, please respond before the deadline on December 15th. Carolyn Elefant has also prepared an excellent overview presentation and teleseminar on the topics being examined by the Commission.

Participation from practicing attorneys is a vital form of feedback for the Commission, so please submit your responses to:

Natalia Vera
Senior Research Paralegal, Commission on Ethics 20/20
ABA Center for Professional Responsibility
321 North Clark Street
15th Floor
Chicago, IL 60654-7598
Fax: 312-988-5280
Email: veran@staff.abanet.org

Full post as published by Slaw.ca on December 13, 2010 (boomark / email).