Chad Main

Music conductor baton In a middle-school orchestra, the oboe plays a single, steady note before the music begins. The rest of the musicians tune their instruments to that specific pitch. The audience rarely pays it any mind, yet every harmony that follows depends entirely on that initial alignment. The oboe provides the stable reference point that gives the entire group a shared direction.

According to the American Bar Association 2020 Techreport, 60% of its survey participants answered “yes” to the basic question of whether they had used web based or software as a service (SaaS) applications in their practice. As the use of cloud computing by lawyers increases, what are the ethical implications for lawyers storing client files remotely?

Does an employer have a duty to preserve evidence relating to a lawsuit saved in an employee’s personal cloud storage account (Box.com, Dropbox, Google Drive, etc.)? It depends on the court in which the case is pending and what rights the employer has to the information. Some courts require employers to preserve electronically stored information (ESI) in employees’ personal accounts if the employer has the “practical ability” to obtain the information.