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would create a false sense of security in an environment where the risks are continuallychanging." 43Rather, the Committee stated “due diligence and frequent and regulareducation are required.” 44The Committee concluded by generally recommending the following security measures:1. Include an agreement on how the vendor will handle confidential clientinformation in keeping with the lawyer’s professional responsibilities;2. Have a method for retrieving the data, including a provision that vendor iscontractually required to return or destroy the hosted data promptly at therequest of the law firm;3. Careful review of the terms of the law firm’s user or license agreementwith the SaaS vendor including the security policy;4. Evaluation of the SaaS vendor’s (or any third party data hostingcompany’s) measures for safeguarding the security and confidentiality ofstored data including, but not limited to, firewalls, encryption techniques,socket security features, and intrusion-detection systems; and5. Evaluation of the extent to which the SaaS vendor backs up hosted data. 45IV. Suggested Guidelines.The aforementioned ethical opinions contain limited instructions on what exactlyattorneys should do in order to comply with their ethical responsibilities. It is no surprisethat this places the attorney in an unenviable position, as they must determine what isethical and what is not. The following guidelines are intended to assist today’s attorneyin navigating the undefined and confusing waters of reasonable care in regards to cloudcomputing.43 Id.44 Id.45 Id.19

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