By Nermeen Nabil Khear 
By Nicole Black
ROCHESTER, N.Y. — Years in the past, after the American Bar Affiliation revealed my “Cloud Computing for Legal professionals” e book, I used to be usually requested to talk to attorneys about the advantages and dangers of implementing cloud computing in regulation workplaces. On the time, most attorneys weren’t positive what cloud computing was, however they had been assured that they didn’t belief it and didn’t wish to undertake it into their corporations.
Conversely, most of them had been already utilizing it and simply didn’t notice it.
I do know this as a result of I’d usually start my talks by asking how many individuals within the room used cloud computing instruments. Inevitably only some attendees would reply affirmatively. Then, I’d ask what number of within the viewers had shared recordsdata utilizing Dropbox, and no less than half of the folks within the room would increase their fingers. In different phrases, most attorneys had been utilizing cloud computing, whether or not it was Dropbox, Field or Gmail, and easily didn’t notice it.
Quick ahead to as we speak, and the way instances have modified. In line with knowledge from the 2022 MyCase Authorized Trade Report, the overwhelming majority (80%) of authorized professionals surveyed reported that their corporations had cloud computing instruments in place of their workplaces post-pandemic. Earlier than the pandemic, most survey knowledge confirmed that cloud computing adoption within the authorized career had remained secure for a lot of years at slightly below 40%.
Regardless of the elevated adoption, the dangers related to cloud computing haven’t modified. As a part of your obligation of know-how competence, it’s important to rigorously vet cloud suppliers to make sure that your agency’s confidential knowledge is securely saved and encrypted. Everytime you entrust your regulation agency’s knowledge to a 3rd occasion, you should be sure that you absolutely perceive the procedures and protections in place. This obligation contains acquiring info as to how the info will probably be dealt with by that firm, the place the servers on which the info will probably be saved are, who could have entry to the info, and the way usually and when it will likely be backed up, amongst different issues.
Additionally necessary is guaranteeing that the software program you select has options that can shield your consumer knowledge, and that you simply and your workers obtain the required coaching and are aware of this system’s options. The failure to supply correct coaching and select a safe platform designed for regulation corporations that features the options wanted to guard confidential knowledge can have unintended penalties.
A working example is a current disciplinary reprimand issued by the Indiana Supreme Courtroom. At subject in Matter of James H. Lockwood, case no. 24S-DI-319, was the respondent’s failure to safe consumer recordsdata saved in Dropbox.
Particularly, Lockwood had represented a consumer in a protecting order case, and that very same consumer additionally had labored at Lockwood’s agency for a number of months as an unpaid non-attorney assistant. Throughout that timeframe, Lockwood supplied the consumer with a Dropbox cloud storage hyperlink that supplied entry to agency supplies and consumer recordsdata. The consumer stopped working for the agency in January 2023, however Lockwood didn’t safe or deactivate the Dropbox hyperlink, which remained energetic and unsecured no less than via Could 2024.
Based mostly on that conduct, the courtroom concluded that he had violated Indiana Skilled Conduct Guidelines 1.6, which prohibited “revealing info regarding illustration of a consumer with out the consumer’s knowledgeable consent.”
This mishap may have been prevented by utilizing software program particularly designed for authorized professionals. Authorized-specific instruments deal with attorneys’ moral obligations and guarantee compliance with confidentiality and knowledge safety necessities. These cloud instruments usually embrace options corresponding to encryption, managed permissions and entry, and exercise monitoring to make sure consumer info stays protected.
The lesson to be realized: In case your agency nonetheless depends on general-use software program like Dropbox, it’s time to rethink your decisions and transition to instruments designed particularly for authorized professionals. Authorized-specific platforms deal with the distinctive wants of regulation corporations, providing the safety and compliance options wanted to guard consumer knowledge, and conform to skilled requirements. Now’s the time to make this modification to guard consumer knowledge — and your regulation license — from pointless and preventable threat.
Nicole Black is a lawyer, creator and journalist in Rochester, New York, and the pinnacle of subject material experience and exterior training at MyCase and LawPay.
This articles is written by : Nermeen Nabil Khear Abdelmalak
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