As useful as cloud-computing is, it introduces significant new ethical considerations for attorneys because client data is no longer in the sole possession of the attorney. They realize the value of cloud-computing and use some form of it every day. Younger attorneys learned to rely heavily on cloud-computing in law school. Some are complete cloud-based programs in which the software is not installed on the user's computer, but is accessed on the Internet. They are accessible only on the Internet. These servers can be located in a distant warehouse, out of state, or out of country. Others provide solely for the storage of documents in the cloud on servers owned by third party server-providers. Some of these services are email services. 2 As one state bar association pointed out, the term cloud-computing includes the use of smartphones iPhones web-based email such as Gmail, Yahoo, Hotmail, or AOL Mail and products such as Google Docs, Microsoft Office 365, or Dropbox, along with many others. One technological advancement that holds appeal for many attorneys, and also implicates many ethical considerations, is ‘cloud-computing.' Cloud-computing is processing power, storage space, software, or other computing services, often accessed via a web browser. Attorneys must be aware of these risks and ensure compliance with their ethical obligations when managing them. When client files, communications, documents, or other client data are stored in digital form, it becomes subject to the risks of a cyber attack. As all Kentucky attorneys are aware, the Kentucky Supreme Court Rules of Professional Conduct (SCR 3.130) impose many professional obligations on attorneys in their handling and safekeeping of client information and property.
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