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Virginia issues ethics opinion regarding a virtual law office and the use of the cloud

Source | 2017-06-26T18:34:02+00:00 Apr 10th, 2013|Categories: LegalEthics, Post|Tags: , , , , |0 Comments

Virginia lawyers must take care using a virtual law office or shared executive suite.  Virginia Legal Ethics Opinion 1872 (March 29, 2013). When a lawyer is using cloud computing or any other technology that involves the use of a third party for the storage or transmission of data, the lawyer must follow Rule 1.6(b)(6) and exercise care in the selection of the vendor, have a reasonable expectation that the vendor will keep the data confidential and inaccessible by others, and instruct the vendor to preserve the confidentiality of the information. The lawyer will have to examine the third party provider’s use of technology and terms of service in order to know whether it adequately safeguards client information, and if the lawyer is not able to make this assessment on her own, she will have to consult with someone qualified to make that determination