(webinar slides) how to ethically use technology in your practice
TRANSCRIPT
How To Ethically Use Technology in Your Practice
#LawyersUsingTech
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About our presenter Presenter
‣ Practice Management Advisor for Oklahoma Bar Association
‣ Blogs at Jim Calloway’s Law Practice Tips http://www.lawpracticetipsblog.com
‣ Practice Management Advice columnist in Law Practice Magazine
‣ Digital Edge podcast http://legaltalknetwork.com/podcasts/digital-edge/
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The Wall Street Journal says “Every business is a
technology business.”
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http://bit.ly/2jiQeIz!
I wrote about this in ABA’s Law Practice Magazine
Despite many lawyer’s antipathy toward technology tools, you have no choice but to
use today’s business tools.
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Delivery of legal services today is undergoing many changes!
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The Benefits and Risks of Relevant Technology
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Poll Question #1
Has your state amended the Rules of Professional Conduct to add the comment on the risks and benefits of relevant technology? 1. Yes 2. No 3. I should know that, but I don’t. 4. I could care less.
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Protecting Confidential Information
ABA Model Rule 1.6(c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized
disclosure of, or unauthorized access to, information relating to the representation of a client.
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http://bit.ly/ABARule1_6 !(Added in 2012. Adopted by about
50% of states.)
Security in the Cloud 15
What “The Cloud” Really Is!!16
Cloud Computing! "Cloud computing is a fancy way of
saying stuff's not on your computer. It's on a company's server, or many servers,
possibly all over the world. Your computer becomes just a way of getting to your
stuff. Your computer is an interface, but not where the magic happens.!
"Byte Rights" by Quinn Norton,!Maximum PC, Sept. 2010!
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“Ethics up in the Clouds” 81 Oklahoma Bar Journal 2407 (11/6/2010) by OBA Ethics Counsel Travis Pickens!
Cloud Computing!“Cloud computing does introduce a heightened risk, at
least in theory, in the sense that it outsources all, or nearly all, of a lawyer’s data to an off-site location....!“But rock-solid certainty is not required. Significantly, in the few ethics opinions that have addressed it, the
consensus appears to be that the law firm is not required to guarantee that the system will be
invulnerable to unauthorized access.!
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Big Picture Requirements • Stay up to date • Actually read the Terms of Service (TOS) • Know what you don’t know • Lawyer should periodically review vendor’s security
measures • Special circumstances warrant special precautions
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My Personal Thoughts • Your security risk is any connection to the Internet. • Paid business-grade cloud vendors have security
experts and engineers on staff, which only the very largest law firms can have.
• So using a properly-vetted vendor to secure confidential information can be viewed as “outsourcing” security to those more qualified and responsive.
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Cloud Ethics Opinions Around the U.S.
http://bit.ly/2kJwkcW 21
Practice Management Software in The Cloud
There are many benefits to using these tools- for the lawyer and for the client. The majority of small firm PM tools are hosted in the cloud.
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Digital Client Files (aka Paperless) are now the standard for efficient
operations.
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The Benefits of Digital Client Files • Ease of access to files and documents remotely. Saves time,
which saves clients money. • Savings on document storage costs. • Reduced postage and paper expense by sharing documents
with clients digitally. • Protection of client files in the case of a disaster such as flood
or fire. • 7/24 access to every document in every open client file from
any location Minnesota Lawyers Mutual, The Basics of Client Files and Paperless Systems Opening, Closing, Documentation and
Ticklers A Malpractice Insurance Company’s Perspective (Rev. 2015) http://bit.ly/MutualPaperless !
Safeclientfiles“comeHellorhighwater”
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Whatifthiswasyourofficeloca<on?
Social media is fun, but posting online about clients is dangerous
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Think before you post
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Social media is fun, but posting online about clients is dangerous
• Don’t trust any privacy or security settings. Your friends can share any post with the entire world.
• If you want to share, get client’s permission (in writing)
• In the Internet Age, even disguising client’s name or details can still give clues to be researched by others and disclose confidences.
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No lawyer can afford to be ignorant about how social media operates
• Business clients need social media policies and advice. Great business opportunity for lawyers.
• Family law contested proceedings now routinely include admission of social media evidence.
• Soon social media evidence will be a common part of many types of trials
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Email - Love it or hate it 99% of us use email every day.
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Poll Question #2
Do you use email encryption in your law practice? 1. Yes 2. No
3. I don’t have the tools 4. I have the tools but don’t do this.
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Surely after last year, you appreciate that unencrypted
email is not secure.
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Why Encryption? Unencrypted e-mails (including attachments) go across the Internet as plain text- complete
lack of confidentiality or security.
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If you are using Gmail for client communications (and you haven't done this),
sign up for a more secure business account at https://gsuite.google.com/pricing.html. Now
they are calling it GSuite. The cost is $5-$10 per month. Lots of features.
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No more free Gmail for business communications!
Encryption of Email
Read this opinion on email confidentiality !http://bit.ly/TXOpinion648!
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Do it yourself Encryption: Password protect a Word document or PDF file and give the recipient the password over
the telephone.
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Encryption
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Interesting read on encryption - http://bit.ly/2kPkkWQ!
(Note: Tor Browser is for experts only.)!
Citrix ShareFile
• Send large attachments as a link in your email; • Handy Outlook plug-in tool • Require a sign in and get notifications; • Offers a data room package; • Access files securely from any internet enabled
device. • www.sharefile.com
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Client portals within practice
management software • Great client service and secure method of
communication. • Operates within the tool you are using all day
anyway.
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Poll Question #3 Do you use a client portal to share information
with clients in your law practice? 1. Yes 2. No 3. I don’t have the tools 4. I have the tools but don’t do this.
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Passwords
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Worst Passwords of 2014 According to SplashData
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123321 666666 7777777 1q2w3e4r 654321 555555 3rjs1la7qe google 1q2w3e4r5t 123qwe zxcvbnm 1q2w3e
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You simply must use a password manager
My Mother’s Maiden Name is XK37B_PWRD!, What’s Yours?
For additional security, use Two-Factor Authentication
• Something you know (Password or PIN)
• Something you have (Phone, keychain dongle)
• Something you are (Fingerprint, retina scan)
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Free Wi-Fi is too expensive!
¡ Breachesnormallyaren’thackingintoyourfirm’sdatafromoutside.Mostbreachesare:§ Someoneclickinganemailattachment§ Visitingawebsitewithdrive-bymalware§ Attachingacompromiseddevice§ BeingtakeninbyaphonecallfromMicrosoftor“theITDepartment”
• Atleasttwiceperyear• Brieftrainingforallnewhires• Haverecentexamplesofnewexploits• Somevendorshavetestingservicesthat
letyouphishyourownemployees!
¡ Ifyouhavenotplannedwellinadvance,youareprobablystuckpayingtheransomandthefundingcriminals.
¡ Torecoverquickly,youlikelyneedamirrorimageoftheworkstationplusacurrentdatabackup.Thenreloadthesoftwareandsettingsoncomputerbeforerestoringthedata.
¡ Completebackupisexpensiveinthecloud(e.g.alloftheOS)anddatawillonlybecurrenttolastbackup.
¡ ImplementyourIncidentResponsePlan(whichmeansyouneedtohaveone.)
¡ Whatsteps&whoneedstobecontacted¡ Includecontactinfofordigitalforensicstechnologists¡ Getlegaladviceonyournotificationduties¡ Notifyinsurancecarrier¡ GreatopportunityforlawyerstohelpclientsprepareIRP’s.
http://bit.ly/2jZferF
Plan for more automation in the immediate future.
57 http://bit.ly/2kjMhTy!
Automated document assembly should be an automation priority.
Your Document Czar ü Create templates for others
to use!ü Continuous training
opportunities!ü Standardize document
creation and storage!ü Implement automated
document assembly !ü Work with management on
fees & billing implications of automating document
creation!
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Released in January 2016
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Visit my blog and subscribe !www.lawpracticetipsblog.com!
Presenter contact info www.lawpracticetipsblog.com!
MyCase www.MyCase.com [email protected] 800-571-8062
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