Electronic Files
The resources relating to electronic files have been organized by subcategories:
Cloud computing
Cloud computing refers to applications and services offered over the Internet. These services are offered from data centers all over the world, which collectively are referred to as the "cloud." Examples of cloud computing include online backup services, social networking services, personal data services, and online applications.
Ethics Opinions
- Connecticut Informal Opinion 2013-07: Cloud Computing
- Florida Bar Ethics Opinion 12-3: Cloud Computing
- Maine Ethics Opinion 207: The Ethics of Cloud Computing and Storage
- Massachusetts Ethics Opinion 12-3 (2012): Google docs and cloud computing
- New Hampshire Ethics Opinion 2012-13/4: The Use of Cloud Computing in the Practice of Law
- New York State Bar Association Ethics Opinion 842 (2010): Using an outside online storage provider to store client confidential information
- Oregon State Bar Formal Opinion 2011-188: Information Relating to the Representation of a Client: Third-Party Electronic Storage of Client Materials
- Pennsylvania Bar Association Formal Ethics Opinion 2011-200: Ethical Obligations for Attorneys Using Cloud Computing / Software as a Service while Fulfilling the Duties of Confidentiality and Preservation of Client Property
- Pennsylvania Bar Association Formal Ethics Opinion 2020-300: Ethical Obligations for Lawyers Working Remotely
- Washington State Bar Ethics Opinion 2215 (2012): Cloud Computing
E-Discovery
Electronic discovery (sometimes known as e-discovery, ediscovery, eDiscovery, or e-Discovery) is the electronic aspect of identifying, collecting, and producing electronically stored information (ESI) in response to a request for production in a lawsuit or investigation. ESI includes, but is not limited to, emails, documents, presentations, databases, voicemail, audio and video files, social media, and websites.
Ethics Opinions
- CAL 2015-193: ESI and Discovery Requests
- D.C. Bar Ethics Opinion 362 (2012): Nonlawyer Ownership of Discovery Service Vendors
Articles
- The Top 10 eDiscovery Developments of 2014 in the Mountain West and California, The National Law Review, February 2015
Metadata
Metadata describes data that provides information about a certain item's content. For example, an image may include metadata that describes how large the picture is, the color depth, the image resolution, when the image was created, and other data. A text document's metadata may contain information about how long the document is, who the author is when the document was written, and a short summary of the document. Web pages often include metadata in the form of meta tags.
Ethics Opinions
- CAL 2007-174: Client File and Metadata
- Oregon State Bar Formal Opinion 2011-187: Competency: Disclosure of Metadata
Virtual law office
A virtual law firm is a legal practice that does not have a bricks-and-mortar office, but operates from the homes or satellite offices of its lawyers, usually delivering services to clients at a distance using technological means of communication.
Ethics Opinions
- CAL 2012-184: Virtual Law Office
- ABA Formal Opinion 498: Virtual Practice
- Florida Bar Ethics Opinion 00-4: Legal Services over the Internet
- New York City Bar Formal Opinion 2014-2: Use of Virtual Law Office by New York Attorneys
- New York State Bar Association Formal Ethics Opinion 1025: Virtual law office; Advertising principal law office address
- Pennsylvania Bar Association Formal Ethics Opinion 2020-300: Ethical Obligations for Lawyers Working Remotely
- Virginia State Bar Legal Ethics Opinion 1872 (2013): Virtual Law Office and Use of Executive Office Suites
Articles
- Lawyers’ definitions of virtual practice vary, but not when it comes to finding success, ABA Journal, April 2014, G.M. Filisko
Electronic files (General)
Below are opinions and articles that include information on a variety of topics related to electronic files.
Ethics Opinions
- CAL 2010-179: Confidentiality and Technology
- CAL 2007-174: Electronic Client Files
- OCBA 2005-01: File Transfer and Work Product Rules Applicable to Electronic Files
- ABA Formal Opinion 498: Virtual Practice
- ABA Formal Opinion 483: Lawyers’ Obligations After an Electronic Data Breach or Cyberattack
- Alaska Bar Association 2016-1: May a Lawyer Surreptitiously Track Emails and Other Documents Sent to Opposing Counsel
- Pennsylvania Bar Association Formal Ethics Opinion 2020-300: Ethical Obligations for Lawyers Working Remotely
Articles
- Your Mobile is Not Just a Phone - It's a Handheld Mini-Computer Subject to Attack, Hinshaw & Culbertson LLP Legal Updates, October 2018
- Law firms must manage cybersecurity risks, ABA Journal, March 2017, Julie Sobowale
- Ethics and Cybersecurity: Obligations to Protect Client Data, American Bar Association, March 2015 Section of Labor and Employment Law
- Lawyer struggle to reconcile new technology with traditional ethics rules, ABA Journal, November 2014, James Podgers
- NSA surveillance policies raise questions about the viability of the attorney-client privilege, ABA Journal, September 2014, David L. Hudson Jr.
- You don't need perfect tech know-how for ethics' sake--but a reasonable grasp is essential, ABA Journal, August 2014, James Podgers