Cloud has emerged as a powerful way for attorneys and clients to reduce IT overhead while maintaining easy access to data and processes. Consumers, especially attorneys having special, ethical obligations, need to understand the impact of cloud on e-discovery management. An attorney who refuses to consider cloud offerings because of a lack of understanding about the technology is shirking the responsibility to participate competently in the discovery process.

There are three main areas of ethical obligation: cost, competence, and security as mandated by the Federal Rules of Civil Procedure, ABA Model Rules, state rules of professional conduct, and case law. This article will also focus on practical considerations for whether or not to host data in the cloud or when choosing a cloud provider.

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