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1 Presented by Luke Downing

2 What is the Cloud? Market research 5 key benefits Considerations/Risks ABA rules Questions to asks Q&A

3 Incorporated in 2002 Founded by Luke Downing & Matt Bakey Located in Norfolk, VA Private Cloud Infrastructure in Reston, VA Serve clients throughout the US Microsoft Certified Partners & Citrix Partners Specialize in IT for law firms

4 I often get the sense that lawyers feel that the impact of IT and the Internet has peaked, that technology has matured, and that, in consequence, legal work can carry on much as before, untainted by any further developments. My message to lawyers in this context is simple far from approaching the finishing line, the race has barely begun. Richard Susskind, The End of Lawyers? Rethinking the Nature of Legal Services

5 Cloud Computing Cloud computing is the use of computing resources (hardware and software) that are delivered as a service over a network (typically the Internet). - Wikipedia Cloud computing limits the amount of local resources such as servers, backup, etc. that are needed onsite at your location. Local IT Networks Local Networks have servers, UPS devices, backups, and more onsite. Local Networks are typically maintained under a managed service contract and need to be upgraded every three to five years.

6 Facebook Dropbox Google Apps and Gmail Clio Salesforce.com Apps.gov Line of Business Web Applications VDI Virtual Desktops You are already leveraging the Cloud

7 41% of U.S. Small businesses plan to adopt some type of cloud service by 2014 By 2016 at least 50% of business users will rely primarily on a browser, tablet, or mobile client, instead of a desktop client Life Cycle costs are 65% lower and Cloud offerings can save you 18% over managed service offerings Small to mid-sized business IT spending will reach 874 billion in 2012 and grow to 1 trillion by % of law firms reported an intent to invest in cloud computing in 2010 Cloud Computing is gaining market share

8 Simplicity Speed Security Reliability Availability

9 No more expensive servers, backups, UPS devices, and more to purchase every three years lowers TCO Data centers take much of the complexity out of your local network which means less can go wrong Access from anywhere, anytime with ease Simplified billing and budgeting Huge time savings: No server hardware upgrades to evaluate, very little vendor management, very little support issues and very little to worry about so you can focus on your business Local Networks: Are more complex which means more can go wrong

10 Data centers can deliver your applications and data often faster than local servers can Accessing and searching your files is easier Cloud Computing typically requires very little bandwidth to deliver fast applications Fast to connect remote than cumbersome VPNs Superfast data and system recovery Local Networks: Often slow servers, remote access, and support

11 Physical Security is Paramount: Data centers are typically a fortress under 24/7 security to offer maximum physical protection of your data Your data is hosted in the Data center environment which means your data can t be taken from your office and there is no need for encryption locally Your data is continuously monitoring, maintained, and backed up to protect against data loss Data centers typically meet and exceed many regulatory security requirements saving you time and headaches Local Networks: Often poor physical security, data-security

12 the security risks posed by cloud computing platforms are far less than the systems currently in place in most law offices The vast majority of solo and small firms do not have IT support on staff and continue to use antiquated systems and software. Nicole Black, Cloud Computing for Lawyers

13 Most Cloud offerings have a guaranteed uptime level (up to 99.95%) which means you can get more done Data centers are rigorously maintained for optimal uptime including patch management, monitoring, maintenance, security monitoring, spam filtering, anti-virus protection and more. Data centers are highly available including redundant routers, switches, servers, storage, internet, and more. Cloud companies worry about the details so you don t have to Local Networks: 99.95% Uptime difficult/costly to achieve

14 Accessing your data and applications has never been faster or easier Access your business applications, Microsoft Office, files, and more from a webpage or remote connection Access from PCs, Macs, tablets, and phones from anywhere in the world BYOD models becoming popular Whether you are meeting a client at their office or just want to get some things done while waiting, you can take your network with you Local Networks: Remote access tedious, limited access from devices

15 Monthly prices can be higher (to account for the infrastructure provided) although TCO can be lower Redundant internet can be helpful A sense of loss or unease may occur without having your data physically in your office Some applications are more difficult to host in the Cloud Piecemeal cloud approach can be irritating to end users Cyber insurance for you and the provider

16 Competency Model Rule 1.1 and Diligence Model Rule a lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Model Rule 1.6 [a] lawyer must act competently to safeguard information relating to the representation of a client against inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are under the lawyer s supervision. Model Rule shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the persons conduct is compatible with the professional obligations of the lawyer.

17 LEO 1872 When a lawyer is using cloud computing or any other technology that involves the use of a third party for the storage or transmission of data, the lawyer must follow Rule 1.6(b)(6) and exercise care in the selection of the vendor, have a reasonable expectation that the vendor will keep the data confidential and inaccessible by others, and instruct the vendor to preserve the confidentiality of the information. The lawyer will have to examine the third party provider s use of technology and terms of service in order to know whether it adequately safeguards client information, and if the lawyer is not able to make this assessment on her own, she will have to consult with someone qualified to make that determination. Ask questions and do your home work

18 Is the data encrypted? Where is the data stored? More than one physical location? Who has access to this facility? Does the facility have redundant power and internet? Do you guarantee uptime? Will I be notified if there is a data breach?

19 Does the provider carry cyber insurance? What happens if I don t pay my bill? Can I get my data whenever I want it? How often is the data backed up? What if my cloud provider goes out of business? What if my cloud provider is served a subpoena?

20 Law firms are adopting cloud computing at a rapid pace There are many advantages to cloud computing including simplicity, speed, security, reliability, availability There are risks as well and you must ask questions and do your homework to safeguard your firm

21 Clearly, cloud computing is one of the emerging technologies that cannot be ignored and for good reason: it has the potential to shape the way legal services are delivered. Entire offices can be operated remotely using reasonably priced, Web-based tools and applications. Nicole Black, Cloud Computing for Lawyers

22

23 Luke Downing x 102

24 Bime - Small Businesses & The Cloud Infographics. Published December 14th 2011, from CRN SMB Cloud Spending to Approach $100 Billion By Published August 12th 2010, from ABI Research Network Managed Services will Grow from $14 Billion in 2012 to $25 Billion in Published May 11th 2012, from Gartner Worldwide IT Spending Show Mixed Results for Published April 5th 2012, from O Reilly The Economics of Cloud Computing. October 24, 2008 from Black, Nicole Cloud Computing for Lawyers 2012 Susskind, Richard - The End of Lawyers? Rethinking the Nature of Legal Services 2009 Business Wire June 22, 2010 Law Firms Poised to Hike IT Spending and Embrace New Technology Solutions, CompTIA Study Finds. McCauley, James M. - Virginia Lawyers Magazine February 20122, Cloud Computing A Silver Lining or Ethical Thunderstorm for Lawyers? Virginia State Bar March 29, 2013, Legal Ethics Opinion

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