In a recent ethics opinion, the Massachusetts Bar Association joined seven other state bar associations in allowing its lawyers to use cloud computing solutions for its clients.
These seven states are: Alabama, Arizona, California, Nevada, New York, North Carolina, and Pennsylvania.
The Massachusetts Bar, similar to the other state bars mentioned above, made it clear that a lawyer must make “reasonable efforts” when using these products to ensure that confidentiality (Rule 1.6) is maintained:
[T]he Committee believes that the use of an Internet based service provider to store confidential client information would not violate Massachusetts Rule of Professional Conduct 1.6(a) in ordinary circumstances so long as Lawyer undertakes reasonable efforts to ensure that the provider’s data privacy policies, practices and procedures are compatible with Lawyer’s professional obligations, including the obligation to protect confidential client information reflected in Rule 1.6(a).
Each state bar has dictated slightly different criteria for determining if your actions are in accordance with your duties to your client, so be sure to check your state’s bar opinion.
