(Webinar Slides) How to Ethically Use Technology in Your Practice
0 likes2,195 views
The document discusses the ethical usage of technology in legal practices, highlighting the importance of understanding the risks and benefits of relevant technology while complying with professional conduct rules. It emphasizes the need for lawyers to adopt secure systems for handling confidential information, including the use of cloud services, email encryption, and password management. The content also addresses the impacts of social media on legal communications and encourages lawyers to implement best practices for technology utilization in their practice.
(Webinar Slides) How to Ethically Use Technology in Your Practice
- 1. How To Ethically Use Technology in Your Practice #LawyersUsingTech
- 2. 2
- 3. 3
- 4. 4
- 5. 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/ 5
- 6. The Wall Street Journal says “Every business is a technology business.” 6
- 7. http://bit.ly/2jiQeIz! I wrote about this in ABA’s Law Practice Magazine
- 8. Despite many lawyer’s antipathy toward technology tools, you have no choice but to use today’s business tools. 8
- 9. 9
- 10. 10 Delivery of legal services today is undergoing many changes!
- 11. 11
- 12. The Benefits and Risks of Relevant Technology 12
- 13. 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. 13
- 14. 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. 14 http://bit.ly/ABARule1_6 ! (Added in 2012. Adopted by about 50% of states.)
- 15. Security in the Cloud 15
- 16. What “The Cloud” Really Is! !16
- 17. 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! 17
- 18. “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.! 18
- 19. 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 19
- 20. 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.20
- 21. Cloud Ethics Opinions Around the U.S. http://bit.ly/2kJwkcW 21
- 22. 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. 22
- 23. Digital Client Files (aka Paperless) are now the standard for efficient operations. 23
- 24. 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 !
- 26. Social media is fun, but posting online about clients is dangerous 26
- 27. Think before you post 27
- 28. 28
- 29. 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. 29
- 30. 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 30
- 31. Email - Love it or hate it 99% of us use email every day. 31
- 32. 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. 32
- 33. Surely after last year, you appreciate that unencrypted email is not secure. 33
- 34. Why Encryption? Unencrypted e-mails (including attachments) go across the Internet as plain text- complete lack of confidentiality or security. 34
- 35. 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. 35 No more free Gmail for business communications!
- 36. Encryption of Email Read this opinion on email confidentiality ! http://bit.ly/TXOpinion648!
- 37. 37
- 38. Do it yourself Encryption: Password protect a Word document or PDF file and give the recipient the password over the telephone. 38
- 39. Encryption 39 Interesting read on encryption - http://bit.ly/2kPkkWQ! (Note: Tor Browser is for experts only.)!
- 40. 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 40
- 41. Client portals within practice management software • Great client service and secure method of communication. • Operates within the tool you are using all day anyway. 41
- 42. 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. 42
- 43. Passwords 43
- 44. Worst Passwords of 2014 According to SplashData 44 123321 666666 7777777 1q2w3e4r 654321 555555 3rjs1la7qe google 1q2w3e4r5t 123qwe zxcvbnm 1q2w3e
- 45. 45 You simply must use a password manager
- 46. My Mother’s Maiden Name is XK37B_PWRD!, What’s Yours?
- 47. 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) 47
- 48. 48 Free Wi-Fi is too expensive!
- 50. ¡ Breaches normally aren’t hacking into your firm’s data from outside. Most breaches are: § Someone clicking an email attachment § Visiting a website with drive-by malware § Attaching a compromised device § Being taken in by a phone call from Microsoft or “the IT Department”
- 51. • At least twice per year • Brief training for all new hires • Have recent examples of new exploits • Some vendors have testing services that let you phish your own employees!
- 54. ¡ If you have not planned well in advance, you are probably stuck paying the ransom and the funding criminals. ¡ To recover quickly, you likely need a mirror image of the workstation plus a current data backup. Then reload the software and settings on computer before restoring the data. ¡ Complete backup is expensive in the cloud (e.g. all of the OS) and data will only be current to last backup.
- 55. ¡ Implement your Incident Response Plan (which means you need to have one.) ¡ What steps & who needs to be contacted ¡ Include contact info for digital forensics technologists ¡ Get legal advice on your notification duties ¡ Notify insurance carrier ¡ Great opportunity for lawyers to help clients prepare IRP’s.
- 57. Plan for more automation in the immediate future. 57 http://bit.ly/2kjMhTy!
- 58. Automated document assembly should be an automation priority.
- 59. 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! 59
- 60. Released in January 2016 60
- 61. 61 Visit my blog and subscribe ! www.lawpracticetipsblog.com!