publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/503802
ILTA WHITE PAPER: APRIL 2015 WWW.ILTANET.ORG 22 LEGAL ETHICS AND INFORMATION GOVERNANCE attachment and then an electronically filed pleading — only to be sent back as an email from the court. Failing to properly classify and manage information as it's received can affect an attorney's duty to diligently respond to the needs of the client (Rule 1.3), especially when a critical email is missed in the deluge of messages that arrive in most inboxes. Without a clearly defined system for addressing incoming messages, the seven hundredth message on a given day could be easily overlooked. CREATING: When attempting to respond to an avalanche of email, confidentiality (Rule 1.6) can be violated if a message is sent to the wrong recipient. In many states, the removal of metadata from attachments has become an ethical issue, as the details of how and when a document was created can disclose confidential information to an outside party. There are systems to ensure metadata is removed, but often the documents must pass through a particular technology, such as email, to work effectively. Extranets or secure file-transfer systems don't always have metadata removal built in, which means additional steps must be taken to protect this information. CATEGORIZING: With the ever-expanding bowl of alphabet soup that makes up state and federal privacy and security regulations, there has never been a more important time to categorize information. Lawyers have a duty to comply with federal and state law as part of their practice, and failing to do so can lead to serious discipline. Information subject to regulations must be properly classified and protected. However, categorizing information in terms of what is and is not part of the client record can also have a significant impact on the duties of confidentiality. A breach of client information, even if not formally regulated, may be reportable to the client as part of the lawyer's duty to communicate material information to the client (Rule 1.4). ORGANIZING: Sorting digital information into identifiable and accessible locations is the closest thing we have to traditional records management in the electronic world. Competence and diligence are affected when critical information cannot be located, and confidentiality can be affected when material is stored in an incorrect location. Properly organized information is the linchpin to every technology solution that exists to manage data, and the chokepoint in organizing usually rests with busy attorneys, legal assistants and paralegals. Like a letter last seen on a messy desk, lost electronic documents can lead to major ethical (and client relationship) problems. ARCHIVING: I would like to dispel a myth that has permeated our culture: High-quality, high- availability storage is NOT cheap. Servers capable of managing many terabytes of data at phenomenally high speeds and perfect reliability are expensive and complex. As worldwide data continues to double every 18 months, everyone is looking for alternatives to traditional storage solutions that are on the premises. The most obvious option is to have someone else host your data in a secure, highly available data center outside of your organization. Many states and the ABA have addressed whether it is permissible for attorneys to allow third parties to store client data. To date, every state that has addressed the issue has permitted cloud computing with various caveats that include reasonable diligence in evaluating the third-party vendor and continued diligence to ensure the vendor remains reputable. Anyone looking to third-party storage vendors should read One thing to remember about ethics rules is that they apply to everyone in a law firm, not just lawyers.