In February of this year, yet another state issued an opinion on the cloud: New Hampshire. With Ethics Committee Advisory Opinion #2012-13/4, New Hampshire joined a number of other states in finding nothing inherently wrong with cloud computing. Their opinion did, however, stress the necessity of lawyers taking steps to comply with the rules of professional conduct when moving sensitive data into the cloud.
The ABA Legal Technology Resource Center has updated its comparison chart of ethics opinions regarding cloud computing to include the new opinion. The chart provides a few basic insights:
- Which states have formally weighed in on cloud computing (or a related technology)
- Whether or not those states generally approve the use of the cloud by lawyers, and
- What requirements or recommendations the opinions set forth regarding how or when cloud computing may be used.
In addition, short summaries and links are provided to the full text of the opinions. Lawyers should review the full, original opinion in their jurisdiction carefully before using the cloud.
For those who want to stay on top of the latest in cloud computing ethics, the Professional Ethics Committee of the Florida Bar recently issued Proposed Advisory Opinion 12-3. We’ll be sure to update the comparison chart when and if that opinion is finalized.