The authority and precautions
Rule 1.01(a) addresses competence. Rule 1.05(a)–(d) protects both privileged and unprivileged client information and sets disclosure limits and exceptions. Opinion 680, issued in September 2018, applies those duties to cloud storage. Committee opinions do not bind the Texas Supreme Court, under Government Code 81.092(c).
Opinion 680, page 3, calls for understanding the technology, reviewing provider terms and existing security, assessing additional safeguards such as encryption, watching for provider vulnerabilities, and training lawyers and staff. Depending on the matter, discussing risks and obtaining client input or consent may be appropriate. Follow specific client instructions, subject to Rule 1.05. The opinion deliberately avoids a fixed technical checklist.
Law-firm commentary
Redgrave's file-sharing discussion (September 29, 2022, page 2) recommends checking folder permissions and link contents, using passwords and expiration dates, and human checks before transmission. These are practical recommendations from the authors, rather than a universal statutory checklist or approval of a particular service.
Texas professional-conduct scope. Current rules checked October 6, 2026; the court's index lists March 7, 2025 as the latest amendment. The amending order updates Rule 1.05's privilege references. Ethics guidance does not decide a privilege dispute.
Related workflow: measure documents before a vendor handoff.