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October 27, 2010
Ethics of Cloud Computing
October 18, 2010
Will lawyers ever go paperless?
Welcome to the Weber Pearson, PC, blog. We recognize the value of information made available to our clients and members of the community and look forward to making this blog an ongoing part of that effort. We will regularly blog regarding current legal issues and topics that affect Virginia residents. Our goal is to provide a forum for citizens to encounter legal issues without necessarily having to hire a lawyer.
Ethics of Cloud Computing
Posted by: John Weber
October 27, 2010
Topic: Cloud Computing
Lawyers are ethically bound to keep client information in confidence. This confidential relationship between client and lawyer is also protected legally--no one can make a lawyer divulge confidential information. For your information, there are some situations where a lawyer can legally/ethically divulge confidential information but that is irrelevant for this topic discussion.
In the past we kept client confidences by locking our office at night, not discussing client details with others and not leaving confidential details out in the open so others could read/see it (just to mention a few). With the advent of cloud computing several have raised questions about guarding client confidences. The concern being that confidential information is being held by a third-party. There are a number of businesses such as Clio that allow lawyers to manage client information in the cloud. This is very beneficial to lawyers because they have access to all client information (including documents) from anywhere in the world as long as they have an internet connection.
Most states now have Legal Ethics Opinions (LEO) that state it is appropriate for lawyers to use cloud computing programs.
Stuart J. Pearson, Esquire
Will lawyers ever go paperless?
Posted by: John Weber
October 18, 2010
Topic: Paperless Law Office
Many industries are moving towards a paperless office. In fact, many of the places that I send letters to are paperless--such as insurance companies. However, it does not appear that many law firms are going paperless. Most of us are scanning documents, but we also keep a paper file. This may be because of of our sometimes paranoid nature as attorneys--what if I need that paper? Or, what if the computer system crashes? Most law firms have redundant backups of software and documents and usually offsite backups as well--so this is a non-issue.
Lawyers are not opposed to using technology as many of my lawyer friends have iphones that help them run a practice. I personally use an iphone so that I have constant contact with my email, calendar, and case law (fastcase has an app, as well as the Virginia Code). Many are now operating in the cloud as well with case management software like Clio and RocketMatter. The real problem with a paperless office begins when we enter the courtroom. It is an easy thing to scan all of our documents in the office and have access to them from a computer. But what happens when I want to move an exhibit into evidence? The courts still deal in paper in my jurisdiction which means that I must still deal in paper. Yes, we can show a nice powerpoint or keynote slideshow in most of the courtrooms now, but usually still need actual paper to file something.
I like the idea of a paperless law office. I think the ipad may help us get there (there are some apps out there that turn the ipad into a legal pad with the ability to handwrite notes and post it directly to the client file). But, until all the courthouses are wifi accessible and we figure out a way to digitally file exhibits, litigators will continue to have offices full of paper.
Stuart J. Pearson, Esquire
