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Florida Legal Ethics Opinion Clears Way for Cloud Computing
Florida has become the latest state to weigh in on the legal ethics of cloud computing, joining other states that have done so in concluding that lawyers may ethically use cloud computing, provided they exercise due diligence to ensure that the cloud provider maintains adequate safeguards to protect the confidentiality and security of client information.
The Professional Ethics Committee of the the Florida Bar issued the proposed opinion (Proposed Advisory Opinion 12-3) on Jan. 25. The committee concluded:
[L]awyers may use cloud computing if they take reasonable precautions to ensure that confidentiality of client information is maintained. The lawyer should research the service provider to be used, should ensure that the service provider maintains adequate security, should ensure that the lawyer has adequate access to the information stored remotely, and should consider backing up the data elsewhere as a precaution.
For lawyers, the primary concern about cloud computing is confidentiality, the committee explained. “A lawyer has the obligation to ensure that confidentiality of information is maintained by nonlawyers under the lawyer's supervision, including nonlawyers that are third parties used by the lawyer in the provision of legal services.”
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