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Lawyers have been communicating with their clients through the clouds for years. Firm websites, e-mails, and blogs effortlessly and instantaneously connect lawyers to their clients via computers, smart phones and now, tablets. The Internet, propelled by ever-changing and evolving technology, offers borderless accessibility. The most recent manifestation of this phenomenon is “cloud computing.” Also known as “software as a service” or SaaS, cloud computing is a form of remote electronic data storage on the Internet. Data stored “in the cloud” are maintained by vendors and stored on large servers that may be located anywhere in the world. Typically, the vendor purchases and maintains its hardware and software, and firms pay a monthly fee to the vendor for its services.

While this form of outsourcing is touted as fostering firm efficiency and cost-saving, the elusiveness of this new type of data storage has raised eyebrows in the legal community as to its ethical propriety. In particular, potential concerns regarding confidentiality, security, and control surround cloud computing.

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