ISBA Board approves ‘cloud computing’ ethics opinion, future-of-profession report
At its October 14 meeting, the ISBA Board of Governors adopted an ethics opinion that expressly authorizes storage of confidential client information in the cloud and approved the recommendations of the ISBA Task Force on the Future of Legal Services.
Futures report, recommendations. The Board approved the report and recommendations of the legal services task force. They now go to the ISBA Assembly, which will take them up at its December meeting. Recommendations include creating a consumer-oriented lawyer directory, providing technology and practice-management education and resources to members, and establishing a standing committee on the future of legal services.
Ethics opinions on the cloud, conflicts, of-counsel fee division. The Board approved three ethics advisory opinions, including one that specifically allows online “cloud” storage of client data. Opinion 16-06 says lawyers may use a cloud-based service to store confidential client information as long as they take reasonable care to assure its security. Opinion 16-05 says it’s not a conflict for a law firm to represent a city while a paralegal from the firm serves on the city council. Opinion 16-04 concludes that the fee-division restrictions imposed by Illinois ethics rule 1.5(e) on lawyers from different firms do not apply to “of counsel” relationships.
In other action, the Board
● Approved allowing the chief judge of a circuit to make judicial advisory polls about candidates for associate judgeships either public or private. This reversed a Board policy adopted last February to make all associate judgeship polls public.
● Approved the recommendation of the ISBA Standing Committee on Legal Education, Admission and Competence to support adoption of the Uniform Bar Examination in Illinois. This mirrors a recommendation to the Illinois Supreme Court by the Illinois Board of Admissions to the Bar. The UBE has been adopted by 24 states, and proponents say it would bring needed uniformity to bar admissions and benefit both candidates for admission and employers, especially those in cross-border firms. The board of admissions is holding hearings on the proposal in November: https://iln.isba.org/blog/2016/10/17/notice-public-hearings-and-request-....
● Approved a proposal to support the adoption of legislation and a Rule of Professional Conduct to expressly authorize collaborative law in the family law setting. Collaborative law is an alternative to contested divorce, and typically requires the parties and lawyers to sign an agreement obliging the lawyers to withdraw if the case goes to litigation.
The UBE and collaborative-law proposals now go to the ISBA Assembly for further action.