Virginia Lawyer VA Lawyer Aug 2014 : Page-34

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Model Rules continued from page 32 also advised that clients should be informed when their information is entrusted to what is essentially a third party. 14 Conclusion These changes are a welcome update to the model rules. They allow lawyers to be confident they are upholding ethical standards while at the same time allowing them to adopt the latest technology in the practice of law. One can only hope that the drafters of the rules will continue to keep abreast of the changes in technology in the coming years. Endnotes: 1 While “personal computers” were around since the late 1950s, the first commercially successful PCs were marketed in 1977. The Advance Research Projects Agency, the forerun-ner to the Defense Advance Research Projects Agency, sent out an RFP to computer science companies to build a network in 1968. The first commer-cial use of what would become the Internet was in 1981. 2 N.D. Ethics Op. 97-09 (9-4-1997); Pa. Ethics Op. 97-103 (9-26-1997); S.C. 3 4 5 6 7 8 9 Ethics Op. 97-08 (6-1997); Vt. Ethics Op. 97-5 (undated) ABA Formal Ethics Op. 92-368 (Nov. 10, 1992); Assoc. of the Bar of N.Y. City Ethics Op. 2003-4 (Dec. 2003). A Legislative History: The Development of the ABA Model Rules of Professional Conduct, 1982-2013 43 (Art Garwin, Ed. 2013). N.Y. State Bar Ass’n. Ethics Op. 782 (Dec. 8, 2004) ABA Formal Ethics Op. 06-442 (Aug. 6, 2006); Ala. Ethics Op. 2007-02 (Mar. 14, 2007); Ariz. Ethics Op. 07-03 (Nov. 2007); D.C. Bar Ass’n. Ethics Op. 341 (Sept. 2007); Md. Ethics Op. 2007-08 (Oct. 19, 2006); Me. Ethics Op. 196 (Oct. 21, 2008); Minn. Ethics Op. 22 (Mar. 26, 2010); N.Y. County, N.Y. Ethics Op. 738 (Mar. 28, 2008); N.H. Ethics Op. 2008-09 (Apr. 16, 2009); N.C. Ethics Op. 2009-02 (Jan. 15, 2010); Pa. Formal Ethics Op. 2009-100 (undated); Vt. Ethics Op. 2009-01 (xxx); W.Va. Ethics Op. 2009-02 (xxx) Model Rules of Prof ’l. Conduct 1.1, Comment 8. A Legislative History: The Development of the ABA Model Rules of Professional Conduct, 1982-2013 143 (Art Garwin, Ed. 2013). Model Rules of Pro’l. Conduct 1.6, Comment 18. 10 11 12 13 14 Model Rules of Prof ’l Conduct 1.6, Comment 18. Model Rules of Prof ’l. Conduct 4.4, Comment 2. Miss. Ethics Op. 259 (Nov. 29, 2012); Ore. Ethics Op. 2011-87 (November 2011); Wash. Informal Op. 2216 (2012); Wis. EF-1201 (June 16, 2012). Ala. Ethics Op. 2010-02 (undated). Me. Ethics Op. 207 (Jan. 8, 2013); Mass. Ethics Op. 12003 (May 7, 2012); N.H. Ethics Op. 2012-13/14 (Feb. 21, 2013); N.Y. State Ethics Op. 842 (Sept. 10, 2010);Oh. Ethics Op. 2013-03 (July 25, 2013); Ore. Ethics Op. 2010-6 (undated); Pa. Ethics Op. 2011-200 (undated); Vt. Ethics Op. 2010-6 (undated). Joyce Janto is the Deputy Director of the Muse Law Library at the University of Richmond School of Law and teaches legal research in the first-year program, as well as professional responsibility. Cloud continued from page 33 through strong passwords, encryption keys, and other information technol-ogy best practices; and, of course, advise their client in advance. 4 5 6 Endnotes: 1 http://www.datacenterknowledge .com/archives/2013/01/15/amazon-to -add-capacity-to-us-east-region/ 2 http://www.wired.com/2011/12 /facebook-data-center/ 3 Eliu Mendez, Dropping Dropbox in your Law Practice to Maintain your 7 8 9 Duty of Confidentiality, 36 Campbell L. Rev. 175 (2014) Amazon Web Services: Overview of Security Processes, AMAZON WEB SERVICES (Sept. 5, 2008, 5:33 PM), http://aws.amazon.com/articles/1697 http://www.alabar.org/ogc/fopDisplay .cfm?oneId=425 http://www.azbar.org/Ethics /EthicsOpinions/ViewEthicsOpinion ?id=704 http://ethics.calbar.ca.gov/LinkClick .aspx?fileticket=wmqECiHp7h4%3d& tabid=836 http://www.ncbar.com/ethics /printopinion.asp?id=855 http://bit.ly/1rFSnwA Robert E. Dean is a litigation associate with Gentry Locke Rakes & Moore LLP and has successfully tried cases in the areas of personal injury, medical malprac-tice, business disputes, and employment law. Before joining the firm, he worked as a prosecutor with the Office of the Commonwealth’s Attorney in Lynchburg. 34 VIRGINIA LAWYER | August 2014 | Vol. 63 www.vsb.org

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