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Presented by Luke Downing

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What is the Cloud?

Market research

5 key benefits

Considerations/Risks

ABA rules

Questions to asks

Q&A

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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

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“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

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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

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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 You are already leveraging the Cloud

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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 2016

50% of law firms reported an intent to invest in cloud

computing in 2010

Cloud Computing is gaining market share Cloud Computing is gaining market share

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Simplicity

Speed

Security

Reliability

Availability

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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 Local Networks: Are more complex which means more can go wrong

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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 Local Networks: Often slow servers, remote access, and support

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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 Local Networks: Often poor physical security, data-security

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“… 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.”

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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 Local Networks: 99.95% Uptime difficult/costly to achieve

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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 Local Networks: Remote access tedious, limited access from devices

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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

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•Competency Model Rule 1.1 and Diligence Model Rule 1.3 - “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 5.3 - “…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.”

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•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.”

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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?

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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?

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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

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“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.”

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Luke Downing

[email protected]

757.628.8324 x 102

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• Bime - Small Businesses & The Cloud Infographics. Published December 14th 2011, from http://bimeanalytics.com/blog/small-businesses-the-cloud-3-infographics/

• CRN – SMB Cloud Spending to Approach $100 Billion By 2014. Published August 12th 2010, from http://www.crn.com/news/cloud/226700149/smb-cloud-spending-to-approach-100-billion-by-2014.htm

• ABI Research – Network Managed Services will Grow from $14 Billion in 2012 to $25 Billion in 2017. Published May 11th 2012, from http://www.abiresearch.com/press/3901

• Gartner – Worldwide IT Spending Show Mixed Results for 2012. Published April 5th 2012, from http://www.gartner.com/it/page.jsp?id=1975815

• O’Reilly – The Economics of Cloud Computing. October 24, 2008 from http://broadcast.oreilly.com/2008/10/the-economics-of-cloud-c.html

• 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?” http://www.vsb.org/docs/valawyermagazine/vl0211_consultus.pdf

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