Legal Cloud Computing Association Publishes Responses to ABA, North Carolina State Bar

Industry leaders publish open responses to ABA Commission on Ethics 20/20 Proposals and North Carolina State Bar Proposed Formal Ethics Opinion on cloud computing.

CHICAGO- July 19, 2011

The Legal Cloud Computing Association (LCCA) has published its responses to proposals issued by the ABA Commission on Ethics 20/20 ("Commission") and the North Carolina State Bar (NC State Bar) regarding the use of cloud computing within a law practice.

The LCCA, formed in December 2010, is the collective voice of the leading cloud computing software providers for the legal profession, consisting of Clio (Themis Solutions, Inc.), DiaLawg, LLC, DirectLaw, Inc., NetDocuments, Nextpoint, Inc., RealPractice, Inc., Rocket Matter, LLC, and Total Attorneys, LLC.

Response to ABA Commission on Ethics 20/20

The LCCA's letter to the ABA Commission on Ethics was issued in response to the Commission's Initial Draft Proposals on "Technology and Confidentiality" published on May 2, 2011. The Proposals include certain modifications to the ABA Model Rules of Professional Conduct that are designed to facilitate the responsible adoption of technology that will increase the quality, and reduce the cost, of legal services. The Proposals were issued as part of a process initiated in early 2010 where the Commission published an Issues Paper requesting comments and feedback from the legal community.

The LCCA fully supports the Commission's Proposals, and thanks the Commission for incorporating feedback from the LCCA and others on the Issues Paper.

Response to North Carolina State Bar Proposed 2011FEO6

The LCCA's letter to the NC State Bar pertains to Proposed Formal Ethics Opinion ("FEO") 2011FEO6. The Proposed FEO attempts to address the ethical issues relating to the use of Software-as-a-Service or cloud computing within a law firm environment.

While the LCCA supports the NC State Bar's efforts to provide clarity on the use of cloud computing to its members, the Proposed FEO as written would negatively impact a broad scope of attorneys from those who do nothing more than use a web-based email client or conduct online legal research to those that do full scale online delivery of legal services.

The onerous requirements of the Proposed FEO, detailed in full in the LCCA's response to the NC State Bar, would force many cloud computing providers to withdraw from the NC market entirely, thus negatively impacting the technological capabilities and competitiveness of NC-based law firms.

The LCCA thanks both the ABA and the North Carolina State Bar for the opportunity to provide feedback on their respective proposals. It is the LCCA's hope that a constructive dialog among stakeholders will facilitate the rapid adoption of cloud computing technology within the legal profession, consistent with the highest standards of professionalism and ethical compliance.