Bar Groups Try to Keep Up With the Cloud

May 11, 2012 – In The News
Thomson Reuters News & Insight

Cloud computing, which allows users to effectively store documents, is causing some confusion among legal ethics authorities as such technology can be a breeding ground for hacking.

To address the problem, an ABA ethics commission proposed changes to the Model Rules of Professional Conduct to include client data stored in the cloud under the rules of confidentiality. Some jurisdictions have even claimed attorneys have explicit responsibility to make sure client information in encrypted, password protected, not accessible to anyone else and perhaps identified as confidential.

That's a growing challenge, given that iPads and Smartphones provide more avenues into the cloud, said Mark McCreary, who advises clients on data security matters.

McCreary said while his firm is in the process of moving more of its information to the cloud, he's aware of the risks. More ways of getting into the cloud with mobile devices mean greater chances of breaches, he noted.

"It's everything in between that gets sticky," he said. "You can lose control in the exchange of information."

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