Arizona attorneys may provide online storage of client documents provided that they take reasonable precautions to protect the security and confidentiality of those documents and periodically review the reasonableness of those precautions, the State Bar of Arizona stated in a Formal Opinion. The opinion responded favorably to an inquiry from an attorney who wished to provide online access to clients to enable their review of their documents and information. The opinion indicated that the planned system met the requirements of ethical rules and prior opinions on the topic because it utilized Secure Socket Layer encryption, utilized randomly generated alpha-numeric passwords and file folder names, and converted client documents to PDF format that required an additional password to access. The opinion cautioned that it should not be assumed that the system would satisfy security requirements indefinitely and that the attorney should periodically review the security of the system “as technology advances occur.”

State Bar of Arizona Ethics Committee Opinion No.09-04 (Dec. 2009) Link