11.03.05. Hard Drives/Copiers/Fax Machines

Every law office has some combination of computers, copiers, fax machines, and other electronic devises that have the capacity to store information.   Adding to the concern is that some of these devises are not owned by the lawyer but are merely leased (for example, copy machines).  A lawyer has an ethical obligation, to the extent these machines store client information, to ensure that the information remains confidential.

An ethics opinion from Florida provides guidance.  First, the lawyer should identify devices in the office that have the capacity to store content.  Second, the lawyer should ensure that these devices are sanitized (cleared of all confidential information) when discarding or replacing them.  Third, the lawyer should ensure that employees within the office understand what the obligation of confidentiality entails and ensure that they are not using these devices in a way that compromises client confidences.[1]

[1] Fla. Bar Prof. Ethics Comm’n., Op. 10-2 (revised 2011).