THE OFFICE OF THE LEGAL SERVICES COMMISSIONER The Ethics of Cloud Computing Community Legal Centres 21 May 2013

THE OFFICE OF THE LEGAL SERVICES COMMISSIONER Lawyers are increasingly using new technology in legal practice  Websites     Social media   Online practice management   Virtual law firms   Cloud computing services

THE OFFICE OF THE LEGAL SERVICES COMMISSIONER ABA Legal Technology Research Report 2013  No. of lawyers that belong to a social network in 2008 was 15% - today is 78%   No. of lawyers using a smart phone in 2007 was 38% - today is 87%   No. of lawyers using cloud-based software in 2008 was 13% - today is 30%   70.4% of respondents said they would continue cloud computing services in the future

THE OFFICE OF THE LEGAL SERVICES COMMISSIONER Benefits of Cloud Computing Services   Reduced infrastructure   Cost effectiveness   Improved work production   Quick, efficient communication   Reduction in routine tasks   Constant service   Ease of use   Mobility

THE OFFICE OF THE LEGAL SERVICES COMMISSIONER Risks of Using Cloud Computing Services   Security & Confidentiality  Hackers  technical failure  server crashes  viruses  data corruption  data destruction   Storage in countries with less protection   Unclear policies on data ownership   Unclear policies for data breach   Insufficient encryption

THE OFFICE OF THE LEGAL SERVICES COMMISSIONER Reasonable Care – Manage Risks   NSW Revised Professional Conduct and Practice Rules 1995 always apply   Competence and diligence – Rule 1   Confidentiality – Rule 2   File retention – Rule 8   Communication   Supervision

THE OFFICE OF THE LEGAL SERVICES COMMISSIONER Cloud Computing Guidelines   Due diligence  Understand cloud computing technology  Consider if it benefits practice/clients  Consider security measures, policy and recovery methods  Consider system for backing up data  Consider history of provider  Policies for data retrieval  Access to information  Inform clients of arrangement and obtain consent

THE OFFICE OF THE LEGAL SERVICES COMMISSIONER Seek Assistance   OLSC Telephone(02) Web addresshttp://   Law Society of New South Wales Telephone(02)