Fear not the Unknown

Fear not the unknown, including the infamous “cloud,” which is little more than a warehouse full of computer servers located outside your office, but preferably in the United States.   If you elect to store client emails in the cloud, one of the risks associated with the process is that your client’s data is physically located on someone else’s property and in the possession and control of that party.  This problem directly implicates Rules 1.6 Confidentiality and 1.15 Safekeeping of Property.  Remarkably, these are the very same issues which lawyer’s had to address in making the decision to store closed client paper files in an offsite location. The latter being a regular practice of most law firms today. With offsite storage, paper or electronic, you need to do due diligence. The lawyers did not need to know how to operate a storage facility, but they needed to know that the storage facility had adequate safeguards for the client paper files.

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