There are no shortage of opinions as to what if any cloud based apps are safe for attorneys to use.
Cloud based apps allow for offsite storage of data. All sorts of data. Services like google apps provide for cloud based email solutions. While a service like evernote allows attorneys to take notes and have the notes anywhere there’s an internet connection – regardless of platform. Very cool stuff.
The arguments usually boil down to “it’s safe read the privacy policy v. that service will comply with a subpoena by law enforcement.” I’m not stepping into the fray of this argument. Lawyers should read the privacy and storage policies of cloud based providers and make their own determination as to whether or not any provider complies with the ethical requirements of his jurisdiction.
What gets lost in the debate is how lawyers use technology. Presently, my firm uses an onsite server. Many of the documents stored on that server wind up in the public domain as pleadings.
Let’s say a client comes to you with very sensitive information. Information that puts the clients business, liberty, and/or safety at risk. Are you going to write that information down and leave it on a notepad in your office? Where custodial staff could find it? What if you drop a folder on the way to court and the wind blows your notes away – are you going to risk that? I’d hope not.
Lawyers need to use common sense in storing sensitive data and that doesn’t change in the cloud.