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Illinois Bar permits lawyers to use cloud computing

Stacked3Here is this week's Daily Record column. My past Daily Record articles can be accessed here.

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Illinois Bar permits lawyers to use cloud computing

When I first started writing about cloud computing use by lawyers in 2008, most lawyers had no idea what cloud computing was. These days, the concept of cloud computing - where your law firm’s data is stored offsite on servers owned and maintained by a third party - is much more familiar and accepted. It’s no longer the mystery that it once was, in large part because its use is so prevalent in the business world and because more than 20 jurisdictions have already addressed the issue of whether it’s ethical for lawyers to use cloud computing software to store their confidential client information and have concluded that it is permissible.

The latest jurisdiction to weigh in is Illinois. Last fall, in Opinion No. 16-06 (online: https://www.isba.org/sites/default/files/ethicsopinions/16-06.pdf), the Illinois State Bar Association considered this issue and concluded that the use of cloud computing by lawyers is permissible as long as reasonable care is taken to ensure that “client confidentiality is protected and client data is secure.”

In reaching this decision, the Committee acknowledged that mandating lawyers to take specific steps when vetting a cloud computing provider would be unwise due to the rapid pace of change in today’s world: “Because technology changes so rapidly, we decline to provide specific requirements for lawyers when choosing and utilizing an outside provider for cloud-based services. Lawyers must insure (sic.) that the provider reasonably safeguards client information and, at the same time, allows the attorney access to the data.”

However, the Committee did offer the following suggested areas of focus for lawyers to consider when questioning a potential cloud computing vendor: “Reasonable inquiries and practices could include: 1. Reviewing cloud computing industry standards and familiarizing oneself with the appropriate safeguards that should be employed; 2. Investigating whether the provider has implemented reasonable security precautions to protect client data from inadvertent disclosures, including but not limited to the use of firewalls, password protections, and encryption; 3. Investigating the provider’s reputation and history; 4. Inquiring as to whether the provider has experienced any breaches of security and if so, investigating those breaches; 5. Requiring an agreement to reasonably ensure that the provider will abide by the lawyer’s duties of confidentiality and will immediately notify the lawyer of any breaches or outside requests for client information; 6. Requiring that all data is appropriately backed up completely under the lawyer’s control so that the lawyer will have a method for retrieval of the data; 7. Requiring provisions for the reasonable retrieval of information if the agreement is terminated or if the provider goes out of business.”

Importantly, the Committee clarified that lawyers have a continuing duty to ensure that each vendor they use to store confidential client data in the cloud remains in compliance: “We do not believe that the lawyer’s obligations end when the lawyer selects a reputable provider. Pursuant to Rules 1.6 and 5.3, a lawyer has ongoing obligations to protect the confidentiality of client information and data and to supervise non-lawyers. Future advances in technology may make a lawyer’s current reasonable protective measures obsolete. Accordingly, a lawyer must conduct periodic reviews and regularly monitor existing practices to determine if the client information is adequately secured and protected.”

This Committee isn’t the first to require lawyers to revisit a cloud computing provider’s security measures on a regular basis. New York, is one of the many other jurisdictions that requires this as well. Because of this continuing duty, many lawyers choose to limit the number of integrations that connect to their primary cloud-computing platform. That way, the number of third parties that have access to your law firm's data is reduced and you have fewer companies to vet on a regular basis, making it easier to maintain your ethical obligations.

So, Illinois now joins the ranks of other jurisdictions that have considered this issue and green lighted lawyers’s use of cloud computing. It’s clear that cloud computing is here to stay. It offers law firms incredible benefits, including affordability, mobility, flexibility, convenience, data backup, and secure online storage. If you haven’t already considered using cloud computing software, such as legal practice management software, in your law firm, perhaps the time is now.

Nicole Black is a Rochester, New York attorney and the Legal Technology Evangelist at MyCase, intuitive web-based law practice management software for the modern law firm. She is also the author of the ABA book Cloud Computing for Lawyers, co-authors the ABA book Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York, a West-Thomson treatise. She is the founder of lawtechTalk.com and speaks regularly at conferences regarding the intersection of law and technology. She publishes four legal blogs and can be reached at niki@mycase.com


Lawyers and Social Media in 2017

Stacked3Here is this week's Daily Record column. My past Daily Record articles can be accessed here.

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Lawyers and Social Media in 2017


Until recently, lawyers have been reticent to use social media, insisting that it was a passing fad. However, because social media has increasingly cropped up as important evidence in cases, lawyers’ attitudes have begun to change, as they realize that it can be a valuable tool, both in litigation and in marketing.

That’s why in 2017, more lawyers and law firms are using social media than ever before. In fact, according to the American Bar Association’s most recent Legal Technology Survey Report, 74% of law firms now maintain a presence on a social network and 76% of lawyers report that they personally use one or more social media networks for professional purposes.

According to the Report, lawyers use social media for a number of reasons, ranging from career development/networking (73%) and client development (51%), to education/current awareness (35%) and case investigation (21%).

Lawyers under the age of 40 are the most likely to use social media at 88%. Next in line are lawyers between the ages of 40-49 year old at 85%, then 50-59 year old lawyers at 81%, and then lawyers 60 years old or older at 64%.
For some lawyers, social media is an effective marketing tool, with 25% of lawyers reporting that they’ve had a client retain them because of their social media activity, up from 19% in 2013. Solo attorneys were the most likely to report this at 34%, while attorneys from large firms (100 or more lawyers) were the least likely at 16%.

Blogging is also an important tool for lawyers with 26% of lawyers reporting that their law firm maintains a legal blog. For those lawyers who personally maintain a legal blog, 42% have had a client retain their legal services directly or via referral as a result of their blogging.

The most popular social network for lawyers is LinkedIn. Presumably lawyers are more comfortable with LinkedIn compared to other social networks due to its focus on professional issues rather than social. According to the report, a whopping 91% of firms of 100 or more attorneys have a presence in LinkedIn, followed by 85% of solos, 76% of mid-sized firms with 10-49 lawyers, and 63% of smaller firms with 2-9 lawyers.

Nearly 80% of all individual lawyers have a profile on Linkedin as well, with solos and lawyers from mid-sized firms leading the way, with 99% of lawyers from firms with 10-49 lawyers using LinkedIn and 91% of solos. In third place were lawyers from firms of 2-9 lawyers at 85%.
The most active lawyers on Facebook are solos at 48%, followed by 41% of lawyers from small firms (2-9 attorneys). Mid-sized firms with 10-49 lawyers were next at 22%, with lawyers at firms with 100 or more lawyers coming in last at 16%.

Facebook is also a popular social network for lawyers, with many lawyers reporting that they use it for personal reasons only, including 89% of solos, 89% of lawyers from small firms, 82% of attorneys from mid-sized firms, and 80% from large firms of 100 or more. The most active lawyers on Facebook for professional purposes are solos at 48%, followed by 41% of lawyers from small firms (2-9 attorneys). Mid-sized firms with 10-49 lawyers were next at 22%, with lawyers at firms with 100 or more lawyers came in last at 16%.

The least popular network amongst lawyers isTwitter, with only 21% of lawyers reporting that their firms maintain a presence on Twitter. And, only 25% of respondents report that they personally maintain a presence on Twitter. When it comes to lawyers maintaining a personal presence on Twitter, lawyers from mid-sized firms lead the way with 26% maintaining a Twitter account, followed by 25% of solos, 25% of large firm lawyers, and 24% of small firm lawyers.

So that’s how your colleagues are using social media in 2017. How does your social media use compare?

Nicole Black is a Rochester, New York attorney and the Legal Technology Evangelist at MyCase, intuitive web-based law practice management software for the modern law firm. She is also the author of the ABA book Cloud Computing for Lawyers, co-authors the ABA book Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York, a West-Thomson treatise. She is the founder of lawtechTalk.com and speaks regularly at conferences regarding the intersection of law and technology. She publishes four legal blogs and can be reached at niki@mycase.com