The ABA Legal Technology Resource Center has a useful collection of cloud ethics opinions from around the U.S. For anyone researching the topic, however, you should note that the list is incomplete. My research found three states not listed on the LTRC site — Connecticut, Florida and Virginia — and feedback to this post has alerted me to others. At this point, I have the total number of states to have considered the issue as 19.
I raise this because I happened to come across two separate blog posts this week that assumed this list is complete. The ethics of cloud computing remains an evolving area of law and research involving it needs constant updating.
Following is the list of opinions I’ve found. My original list was compiled last fall for my presentation at the Clio Cloud Conference on the Ethics and Security of Cloud Computing for Lawyers. I have added other opinions based on feedback from readers.
The good news here is that all 19 of the states that have considered the issue agree that lawyers may ethically use the cloud, provided they take reasonable steps to minimize risk to confidential information and client files.
Informal Opinion 2013-07
Bar Opinion 12-3
2011 Formal Ethics Opinion 6
Advisory Opinion 2215