While no one, not even the federal government, can absolutely guarantee security from third parties and hackers, there are security devices that are available and reliable.  At the Law Office of Mike Tully, we use three levels of security to make sure only our clients view their confidential files.

FOLDER LOGIN & PASSWORD:  Each client is assigned a secure folder where the files are stored.  The folder requires a login and password.  Anybody clicking on the link to the folder cannot access it without the login and password.  These will be assigned after the client subscribes to the online file service by [clicking] on the link to the left.  This feature is provided by our online hosting service, Hypermart.net.

DOCUMENT PASSWORDS:  All client files stored on the server will be converted to PDF format and protected by a password.  It will not be possible to open the files without the password.  This password, which will also be assigned when the client subscribes to the online service, will be different from the folder password to ensure greater security.

SECURE SOCKET LAYER:  All clients files be accessed on a folder secured by Secure Socket Layer (SSL) encryption provided by our hosting service.

LEGAL ETHICAL CONSIDERATIONS AND CLIENTS' RIGHTS

ER's 1.6 and 1.1 require that an attorney act competently to safeguard client information and confidences.   It is not unethical to store such electronic information on computer systems whether or not those same systems are used to connect to the internet.  However, to comply with these ethical rules as they relate to the client's electronic files or communications, an attorney or law firm is obligated to take competent and reasonable steps to assure that the client's confidences are not disclosed to third parties through theft or inadvertence. 

More recently, the State Bar addressed the issue of online file storage in Ethical Opinion 07-02, which reads in part:

In appropriate cases, a lawyer may keep current and closed client files as electronic images in an attempt to maintain a paperless law practice or to more economically store files.

Reasonable steps are not the same thing as a guarantee of confidentiality.  The following language is from Ethical Opinion 701 from the Advisory Committee on Professional Ethics, appointed by the Supreme Court of New Jersey.  The Opinion, which was published April 24, 2006, includes this language:

The critical requirement under RPC 1.6, therefore, is that the attorney “exercise reasonable care” against the possibility of unauthorized access to client information. A lawyer is required to exercise sound professional judgment on the steps necessary to secure client confidences against foreseeable attempts at unauthorized access. “Reasonable care,” however, does not mean that the lawyer absolutely and strictly guarantees that the information will be utterly invulnerable against all unauthorized access. Such a guarantee is impossible, and a lawyer can no more guarantee against unauthorized access to electronic information than he can guarantee that a burglar will not break into his file room, or that someone will not illegally intercept his mail or steal a fax.

We will constantly re-evaluate and work to improve our online file security.  As security technology improves, we will strive to incorporate it into this website.  We are confident that we honor our ethical obligation to take all reasonable steps to provide our clients' files the security they deserve and the ethical rules require.

You can read the entire text of both Ethical Opinions in the "References and Sources" section below.

REFERENCES AND SOURCES

State Bar of Arizona, Ethical Opinion 05-04

State Bar of Arizona, Ethical Opinion 07-02

New Jersey Ethical Opinion 701

Read About Adobe PDF File Password Security Here

Read about Secure Locket Layer encryption technology at these sites:

     Webopedia.com   ●   Verisign.com    ●   SearchSecurity.com

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