Some Silver Linings Have Clouds: Common Law Confidentiality in a Fiduciary Frame, Attorneys, and Cloud Computing
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Authors
O'Meara, Gregory
Issue Date
2015-09
Volume
48
Issue
4
Type
Journal Article
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Abstract
INTRODUCTION|This paper emerges out of a fundamental, but not easily articulated, dissatisfaction with the 2012 American Bar Association Model Rules Amendments designed to address changes in technology. Although the amendments regarding technology appear to be relatively client protecting, I registered an innate dissatisfaction with them when they were drafted as part of the Ethics 2000 revision of the Rules. To tease out where I think these rules go off the tracks, I employ a methodology set out by the late French historian and social theorist Michel Foucault and ask: what are the "conditions of possibility" that make these rules practicable? I will then apply these observations to a relatively new technology, Cloud Computing, to articulate the precise objections I raise to how the amended Rules work in practice...
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Citation
Publisher
Creighton University School of Law