Category Archives: Technology

Law Firm Email Encryption – Are You Ethically Compliant?

11 Thursday May 2017

Posted by in Clouds, Confidentiality, Emails, Ethics Opinions, Law Office Management, Legal Ethics, Legal Technology, Rules of Professional Responsibility, Technology, Technology

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ABA Issues New Ethics Opinion on Encryption of Attorney-Client Email, Jim Calloway’s Law Practice Tips Blog

http://bit.ly/2qy8J2a

Does your state have an ethics opinion about encryption of your firm’s email? Do you use encryption? Do you use a secure cloud based platform? If you are not sure, don’t you think you should check?

Most law firms frequently use email over fax and regular mail to communicate with their clients, their expert witnesses, and opposing counsel. What is your obligation to ensure confidentiality of your firm’s email, and are you meeting it?

The ABA’s ethics opinion is instructive, as well as the Texas ethics legal opinion referred to by Mr. Calloway at the end of his post. -CCE

Get Your Head Out of the Sand.

07 Sunday Aug 2016

Posted by in Continuing Legal Education, Ethics Opinions, Legal Ethics, Legal Technology, Recent Links and Articles, Rules of Professional Responsibility, Technology

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Another Two States Adopt Ethical Duty of Technology Competence, by Robert Ambrogi, LawSites Blog

http://bit.ly/2b22uwA

Ambrogi includes a link to all states that have adopted an ethical duty of technology competence. My state is not yet one of them, but there is still no excuse.If your state has not yet adopted this ethical requirement, it is only a matter of time.

I know there are so much technology out there that it is hard to know exactly what you’re supposed to know and what you can pass by. But it’s your duty to find out, and not rely on staff to do it for you. -CCE

As I continue to track the states that have adopted the ethical duty of technology competence, I have two more to add, bringing the total to 23.

Continue reading →

The Oklahoma Supreme Court Sanctions Attorney for Computer Illiteracy.

31 Thursday Mar 2016

Posted by in Attorney Discipline, Bankruptcy Court Rules, Bankruptcy Law, Diligence, Legal Ethics, Oklahoma Supreme Court, Sanctions, Technology

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Oklahoma Accepts Computer Illiteracy As Mitigation: Censure Imposed, by Mike Frisch, Legal Profession Blog (with hat tip to William P. Statsky!)

http://bit.ly/1MFG9S8

No doubt you have seen posts here and elsewhere that discuss whether computer competency is now required due diligence for attorneys. The Oklahoma Supreme Court bench-slammed an older attorney for his lack of computer literacy. But, before you make up your mind, read the dissent. -CCE

 

Your Electronic Communications and Record Keeping Requirements.

21 Monday Sep 2015

Posted by in Ethics Opinions, Law Firm Web Sites, Law Office Management, Legal Blogs, Legal Ethics, Legal Technology, Rules of Professional Responsibility, Technology, Technology

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Deleting Your Website Can Come Back to Bite You in the Assets, by Anna Massoglia, Lawyerist Blog

http://tinyurl.com/nzda7hh

Chances are, you are all too aware that record-keeping is a tedious but necessary evil in the legal profession. There’s also a good chance that you have a website. According to the 2014 ABA Technology Survey Report, 84% of law firms do.

Record-keeping requirements include more than just client files and financial transactions. Many state rules also apply to other electronic communications — including websites.

It is not true that something released to the internet is ‘out there’ forever — especially when it comes to those attempting to comply with record-keeping requirements. . . .

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How Many Types of Metadata Can You Name?

27 Saturday Jun 2015

Posted by in Diligence, Legal Ethics, Legal Technology, Metadata, Technology

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Production of System Metadata, by Joshua Gilliland, Bow Tie Law Blog

https://bowtielaw.wordpress.com/2015/06/27/production-of-system-metadata/

Have you ever been bit because you ignored metadata? Hands?

The legal profession is embracing technology to the point where it is considered a lawyer’s duty to know it, understand it, and use it. Paralegals and other legal staff, I am talking to you too.

Do you know what metadata is or how many types there are? This post is a good illustration of why all types of metadata should be on your radar. -CCE

A New York state judge confronted the issue of producing system metadata in a medical malpractice case where the plaintiff had to have a foot amputated due to post surgical complications. Vargas v Lee (Sup.Ct.) 2015 NY Slip Op 31048(U), ¶¶ 3-5. The case is direct and thoughtful on the issue of system metadata. . . .

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Let’s Think About Going Paperless.

19 Friday Jun 2015

Posted by in Economics, File Naming Conventions, Law Office Management, Legal Ethics, Legal Technology, Office Procedures, Scanners, Technology, Technology, Time Management

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How One Law Firm Went Paperless: An Interview with Andrew Kucera, by Tim Baran, Rocket Matter

http://tinyurl.com/noy2suz

For years, law firms have talked about going “paperless.” It took some time to catch on. Scanners were sometimes more trouble than they were worth. It took money and many hours to convert all the files to a paperless system. It sounded like a good idea, but not everyone was convinced.

Things have changed. These days, going paperless makes good sense and good economics. No more filing or indexing pleadings? I can live with that.

This post from Rocket Matter makes good sense. If you decide to go that route, do not start until you look into file naming conventions. Pick one that is logical and easy to understand. Now you are on your way. -CCE

While putting together the Paperless Law Office E-Book, we thought, who better to learn from than a firm who went through the process? So we interviewed Andrew Kucera who was instrumental in helping move six-person Cuttone & Kucera, PC (now, Cuttone & Associates), a real estate and business law firm in Fresno, California, to a paperless operation. . . .

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Another Major Hack. Checked Your Law Firm’s Cyber Security Lately?

05 Friday Jun 2015

Posted by in Computer Forensics, Confidentiality, Cybersecurity, Disaster Preparedness, Law Office Management, Legal Ethics, Legal Technology, Technology, Technology

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The Real Reason You Need Cyber Liability Insurance, by Brian Focht, The Cyber Advocate

http://tinyurl.com/p8y5k2y

Another day, another hack. Yesterday brought news that four million current and former government employees may have had their personal information stolen by Chinese hackers.

Of course, this comes on the heels of what has been a staggering 18 months of hacks. Starting with the Home Depot and Target hacks, we’ve been barraged with story after story about major companies and retailers being hacked for their customers’ data. It’s not just big companies and big-box retailers, though. Law firms are increasingly the target of hackers, due to a combination of factors including relatively lax security and large quantities of organized, valuable information. . . .

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Yes, Lawyers Have An Ethical Duty Of Technology Competence.

23 Saturday May 2015

Posted by in Law Office Management, Legal Ethics, Rules of Professional Responsibility, Technology, Technology

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13 States Have Adopted Ethical Duty of Technology Competence, by Robert Ambrogi, Law Sites Blog

http://www.lawsitesblog.com/2015/03/11-states-have-adopted-ethical-duty-of-technology-competence.html

If this standard has not yet hit your state, it is only a matter of time. If technology intimidates you, take a deep breath and jump in. I promise the water is nice and warm. As technology has evolved, it has become more intuitive, which makes it easier to learn.

Regardless of whatever excuse you use to avoid updating technology in your law office, you cannot avoid the requirement imposed by an ethical duty. It is not a question of whether your state’s bar association will adopt this standard – it’s when.

Paralegals and other legal support staff — same goes for us too. -CCE

[Update: It is now 14 states. See my 3/27/15 post on the rule’s adoption in Massachusetts.]

In 2012, something happened that I called a sea change in the legal profession: The American Bar Association formally approved a change to the Model Rules of Professional Conduct to make clear that lawyers have a duty to be competent not only in the law and its practice, but also in technology. . . .

Continue reading →

Why Aren’t All Lawyers And Law Students Trained In E-Discovery And Should They Be?

07 Saturday Mar 2015

Posted by in Continuing Legal Education, Diligence, Discovery, E-Discovery, Ethics Opinions, Federal Rules of Discovery, Legal Ethics, Technology

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The Conundrum of Competence in E-Discovery: Need Input, by Craig Ball, Ball In Your Court Blog

https://ballinyourcourt.wordpress.com/2015/03/07/the-conundrum-of-competence-in-e-discovery-need-input/

I frequently blast lawyers for their lack of competence when it comes to electronic evidence. I’m proud to be a lawyer and admire all who toil in the fields of justice; but I cannot hide my shame at how my brilliant colleagues have shirked and dodged their duty to master modern evidence.

So, you might assume I’d be tickled by the efforts of the American Bar Association and the State Bar of California to weave technical competency into the rules of professional conduct. And I am, a little. Requiring competence is just part of the solution to the competence crisis. The balance comes from supplying the education and training needed to become competent. You can’t just order someone who’s lost to ’get there;’ you must show them the way. In this, the bar associations and, to a lesser extent, the law schools have not just failed; they’ve not tried to succeed.

The legal profession is dominated by lawyers and judges. I state the obvious to expose the insidious: the profession polices itself. We set the standards for our own, and our standard setters tend to be our old guard. What standard setter defines himself out of competence? Hence, it’s extraordinary that the ABA commentary to Model Rule 1.1 and the proposed California ethics opinion have emerged at all.

These laudable efforts just say ‘get there.’ They do not show us the way. . . .

Continue reading →

Don’t Have A PIN Lock On Your Phone? Hope Your Malpractice Insurance Is Up To Date.

16 Monday Feb 2015

Posted by in Android Phones, Attorney Discipline, Blackberry Phones, Cell Phones, Confidentiality, Cybersecurity, E-Filing, Emails, iPad, iPhones, Law Office Management, Legal Ethics, Legal Technology, Malpractice, Office Procedures, Passwords, Rules of Professional Responsibility, Supervising Support Staff, Technology, Technology

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Most Consumers Don’t Lock Mobile Phone Via PIN, by Ed Hansberry, DARKReading, InformationWeek©

http://tinyurl.com/plw76ut

My guess is that most people who use a smart phone access some kind of confidential information, such as your bank account or conversations with a client or the office. If you do not have a PIN lock on your smart phone, this truly is special kind of stupid.

This is not a hard one to understand. If you use your cell phone to communicate with clients, sync your phone to your office computer and docket, or attach yourself to your office and confidential information – without taking simple, basic security measures – you are  inviting a dangerous breach of confidentiality. -CCE

44% of respondents say it’s too much of a hassle, new survey reports.

People put a lot of sensitive info on their phones, but they often give little though to how secure their data is. In a survey by a security company, over half of the respondents said they didn’t bother with a PIN lock. This takes on a whole new dimension when you begin to understand how many of these people keep corporate data on the device.

Losing an unlocked phone can be far worse than losing a wallet. Emails on the device alone can reveal a wealth of information about the person, including where they bank, where they live, names of family members, and more. If company email is on the device, and it often is, there can be competitive information, salaries, system passwords, etc. If any of those emails contain links, often clicking on it will take you into the website, be it Facebook or a corporate portal.

According to Confident Technologies, 65% of users have corporate data on their phone, even though only 10% actually have a corporate issued device.

For that majority that don’t lock their phone at all, 44% said it is too much of a hassle to lock it and 30% said they weren’t worried about security. These are likely the same people that store things like social security numbers, passwords, and other sensitive information in text files or basic note applications. They may even store their computer’s password on a Post-It Note in their center desk drawer. . . .

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You Could Be Unintentionally Violating Client Confidentiality In Public.

10 Tuesday Feb 2015

Posted by in Confidentiality, Legal Ethics, Legal Technology, Technology

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If You Are Reading This Over Public Wi-Fi, You Are Probably Putting Your Clients’ Information At Risk, Lawyerist Insider, Lawyerist.com©

http://tinyurl.com/ltl8fox

Most legal professionals know that conversations about a client’s case should never happen in a public place. Regardless, there are times when we seem to forget. If you have ever eaten in a popular restaurant close to the courthouse, then I will bet you’ve overheard trial and settlement strategy openly discussed within earshot during lunchtime. This post discusses what should be obvious – keep all confidential information about clients private, not public. -CCE

On several occasions, I have overheard lawyers talking very loudly on the phone to their clients. Coffee shops, of course, but courthouse bathroom stalls seem to be an especially popular place to hold attorney-client phone conversations at length and in great detail, quite loudly. While inadvertent disclosure does not void the privilege, talking loudly from a public bathroom stall is only ‘inadvertent disclosure’ in the sense that the lawyer is a dumbass.

Using public wi-fi without taking appropriate security precautions isn’t quite as bad as discussing settlement strategy in the bathroom at opposing counsel’s firm, but it’s not too far from it. A couple of weeks ago I was curious to see how easy it actually is to see what other people connected to a public wi-fi router are doing. I found out it is really easy. In a couple of minutes, I got explicit instructions that let me scan the network for other computers, pick one, and see the websites it was accessing. I didn’t even have to install anything on my MacBook.

It’s so easy that you could do it, too. It’s so easy that plenty of people are doing it, every day, probably on the public wi-fi networks you use.

Before you send or receive client information over a public wi-fi network (by email, for example, unless you know your email connection is secured), read Lisa’s post, ‘Beware Public Wi-Fi When Accessing Client Information.’ Don’t be the lawyer talking loudly in a public bathroom — er, wi-fi network.

Time For A New Office Computer?

19 Monday Jan 2015

Posted by in Apple, Computer Forensics, Confidentiality, Law Office Management, Legal Ethics, Legal Technology, PC Computers, Technology, Technology

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Give Away your Computer, Revisited, by Craig Ball, Ball In Your Court

https://ballinyourcourt.wordpress.com/2015/01/14/give-away-your-computer-revisited/

This is the fourth in a series revisiting Ball in Your Court columns and posts from the primordial past of e-discovery–updating and critiquing in places, and hopefully restarting a few conversations. As always, your comments are gratefully solicited.

Give Away Your Computer 

[Originally published in Law Technology News, July 2005]

With the price of powerful computer systems at historic lows, who isn’t tempted to upgrade? But, what do you do with a system you’ve been using if it’s less than four or five-years old and still has some life left in it? Pass it on to a friend or family member or donate it to a school or civic organization and you’re ethically obliged to safeguard client data on the hard drive. Plus, you’ll want to protect your personal data from identity thieves and snoopers. Hopefully you already know that deleting confidential files and even formatting the drive does little to erase your private information—it’s like tearing out the table of contents but leaving the rest of the book. How do you be a Good Samaritan without jeopardizing client confidences and personal privacy? . . . .

Continue reading →

What Is A “Zero Knowledge” Cloud And Why You Should Care.

24 Wednesday Dec 2014

Posted by in Clouds, Confidentiality, Document Retention, Law Office Management, Legal Ethics, Legal Technology, Malpractice, Technology, Technology

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‘Zero Knowledge’ Encrypted Cloud Service Sees Business Boom, by Steven Nelson, U.S. News & World Report

http://tinyurl.com/q9fj4l8

If you have been paying attention, you have heard about “zero knowledge” clouds — and you are thinking about changing from Drop Box or other clouds that can access the information you put in them. If you know nothing about zero knowledge clouds, don’t stop here. Read more about them, and decide whether it is time for your firm to change to a more secure cloud platform. -CCE

File-storing service SpiderOak says it’s experiencing a business boom – rapidly nearing one million users and doubling its site metrics in six months – amid a constant trickle of news reports revealing Internet surveillance by the government.

Files stored using SpiderOak are encrypted and their contents unknown – and unknowable – to the company. Sharing such files will soon be ‘zero knowledge,’ too, as the company prepares to roll out Crypton, its open source app-building framework, which will be publicly available within the next couple months.

‘Essentially what we did was we inverted the Internet,’ says CEO Ethan Oberman. ‘We created a world where the server is actually a big dumb machine. It only sees encrypted data blocks.’

A free version of the file-hosting service offers 2 GB of storage in exchange for a name, email address, username and password.

‘We don’t really fact check that information,’ Oberman says.

The company does know the IP address of users, he says, but IP-masking browsers – such as Tor – can conceal that information as well, making it possible to store files without disclosing any identifying information.

If the government were to come to the company with a valid legal demand for data, Oberman says, ‘We could turn over the data, but it is literally in encrypted data blocks and not decryptable by us. The only way it’s decryptable is if you have the key, which we do not maintain.’ . . .

All Types Of 2015 Internet Privacy Protection Sites.

14 Sunday Dec 2014

Posted by in Clouds, Computer Forensics, Computer Virus, Cybersecurity, Document Retention, Health Law, HIPAA, Law Office Management, Legal Ethics, Legal Technology, Technology, Technology

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Guide To Privacy Resources 2015, by Marcus P. Zillman, LLRX.com

http://www.llrx.com/features/privacyresources2015.htm

The Guide to Privacy Resources 2015 is a comprehensive listing of privacy resources currently available on the Internet. These include associations, indexes, search engines as well as individual websites and sources that supply the latest technology and information about privacy and how it relates to you and the Internet. These resources and sources will help you to discover the many pathways available to you through the Internet to find the latest privacy sources and sites. . . .

Is Email Between You And Your Client Safe? No, And This Is Why.

01 Monday Dec 2014

Posted by in Android Phones, Apple, Blackberry Phones, Clouds, Confidentiality, Emails, Encryption, iPad, iPhones, Legal Ethics, Legal Technology, Malpractice, PC Computers, Technology

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How to Encrypt Attorney-Client Communications, by Lisa Needham, Lawyerist Blog (with hat tip to Allen Mihecoby, CLAS, RP!)

http://tinyurl.com/kfrpqz3

If you have decided you need to get serious about client data protection, you will need to consider encrypting both your data and your communications. We have previously covered how to encrypt your data and will focus here on how to encrypt your email communication.

What Is Encryption?

Simply by using the Internet, you are probably using some sort of encryption scheme during some activities, whether you know it or not.

Encryption is simply the act of turning your data into unreadable gibberish. If your data is intercepted or hacked, the thief now has nothing but a pile of garbage.

End-to-end encryption is a must for transferring sensitive data across the internet. In end-to-end encryption, your data is encrypted while it travels towards your intended location and the same encryption occurs on the reverse trip. Your bank (hopefully) uses end-to-end encryption. Your practice management software (hopefully) uses end-to-end encryption if it stores and syncs data remotely. This sort of encryption is done for you without any effort on your part, as it is just a standard feature of the infrastructure you are using to bank or update client data or similar activities.

Why Do You Need to Care?

A few years ago, the ABA issued a formal ethics opinion stating that if there is a significant risk that a third party might gain access to the email, attorneys have to warn clients about that risk.

This poses a problem, because unlike your bank and practice management software, email is usually unencrypted. This is true whether you are using a desktop client or a web-based email like GMail. . . .

Survey Says! iPhone Top Choice Among Attorneys.

24 Sunday Aug 2014

Posted by in Android Phones, Blackberry Phones, Cell Phones, Cybersecurity, iPad, iPhones, Law Office Management, Legal Ethics, Legal Technology, Mac, Passwords, Tablets, Technology, Technology

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2014 ABA Tech Survey Shows More Attorneys Using iPhones, But iPad Use Holds Steady, by Jeff Richardson, iPhone J.D. Blog

http://tinyurl.com/pxmhlf6

Every year, the ABA Legal Technology Resource Center conducts a survey to gauge the use of legal technology by attorneys in the United States.  My thoughts on the prior reports are located here:  2013, 2012, 2011, 2010.  No survey is perfect, but the ABA tries hard to ensure that its survey has statistical significance, and every year this is one of the best sources of information on how attorneys use technology.  Yesterday, the ABA released Volume VI of the report titled Mobile Lawyers.  This year’s report once again shows that a large number of attorneys are using iPhones and iPads.

Six out of ten attorneys now use an iPhone

In both 2014 and 2013, the survey revealed that 91% of attorneys use a smartphone.  (In 2012 the number was 89% and in 2011 the number was 88%.)  For the past four years, there has been a slight correlation between law firm size and smartphone use.  In 2014, for example, 86% of solo attorneys reported using a smartphone, 89% in firms of 2 to 9 attorneys, 95% in firms of 10 to 49 attorneys, and for firms with 100 or more attorneys, 96% use a smartphone.  As a whole, though, it is fair to say that the survey consistently shows around nine out of every ten attorneys use a smartphone. . . .

Is It Legal Malpractice If You Are Technologically Incompetent?

01 Friday Aug 2014

Posted by in Law Office Management, Legal Ethics, Legal Technology, Malpractice, Social Media, Technology, Technology, Technology, Trial Tips and Techniques, Using Social Media

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Luddite Lawyers Are Ethical Violations Waiting To Happen, by Megan Zavieh, Lawyerist Blog

http://tinyurl.com/lo9fs45

Do you have a smart phone but only know how to make a telephone call? Do you think of a cloud as some white puffy thing in the sky that looks like a ducky? Do you have a computer on your desk but never turn it on? Is the password to your computer actually “password”? Then this article is for you. Technology is here, and it is not going away. Resistance if futile. -CCE

Technological incompetence used to be merely a competitive disadvantage. Now, it is a potential ethics violation — or even legal malpractice.

During my first year of law school, we were not allowed to do computerized research. Instead, we were taught to use the leather-bound reporters, Shepherds, and treatises. It was only during our second year that we were deemed worthy to use Westlaw and Lexis to ‘confirm’ our book findings. (Of course, I doubt any of us ventured into the stacks again.)

This approach reflected the general attitude of the legal profession in the mid-to-late 1990s. Technology was grudgingly accepted, but not required. Lawyers at big firms had online research accounts and solos went to the law library to use the books. Nobody thought anything was wrong with this, although online research did give big firms a competitive edge.

In 2013, email is ubiquitous, and just about every lawyer has some form of electronic research available on his laptop, tablet, or phone. And everyone — lawyers included — uses Google to find everything else. In law practice, that includes research on witnesses, opponents, judges, and anything else not found in a Fastcase, Westlaw, or Lexis database. Technology is an unavoidable part of practicing law.

Ethics rules follow practice

The ethics rulemakers have taken note of this evolution, and the rules have grown to require technological competence.

Lawyers cannot ignore technology

The ABA made it abundantly clear that lawyers must keep up with technology when it amended comment 8 to Model Rule 1.1 on competence. Comment 8 now reads:

To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

(Emphasis added.)

As Nicole Black, Director of Business Development at MyCase, puts it, ‘I think it’s pretty clear that […] lawyers can no longer turn a blind eye to technological advancements and their effect on the practice of law.’ . . .

Is It Time For A “Bring Your Own Device” Policy for Your Law Office?

01 Tuesday Jul 2014

Posted by in Android Phones, Apple, Blackberry Phones, Cell Phones, Clouds, Computer Forensics, Confidentiality, Cybersecurity, Disaster Preparedness, Emails, Encryption, Google, Intellectual Property, iPad, iPhones, Law Office Management, Legal Blogs, Legal Ethics, Legal Technology, Mac, Management, Marketing, Passwords, PC Computers, Social Media, Supervising Support Staff, Tablets, Technology, Using Social Media

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Mobile Device Security for Lawyers: How Solos and Small Firms can Ethically Allow Bring Your Own Device, by Will Harrelson, Curo Legal Blog (with hat tip to Jeff Richardson, iPhone J.D. Blog!)

http://tinyurl.com/lrrnp7g

The Start of Bring Your Own Device Policies

It really is the iPhone’s fault. Yes, Apple is to blame for designing the most desirable piece of technology of the last decade. So desirable, in fact, that employees of all stripes requested (and, often, begged) their IT departments to toss the increasingly-‘corporate’ Blackberry out the window and allow the use of their personal iPhones for corporate emails and calls. As a result, we have been living in the age of ‘Bring Your Own Device’ where employees use a single personal mobile phone (or tablet) for both their personal email, texting, and social media while also using it for work email, word processing, and other enterprise applications.

Before the Bring Your Own Device era, a company’s greatest out-of-office security concern was an employee who left a briefcase in a taxi. Today, the worry is an employee misplacing a device the size of wallet containing almost limitless amounts of data that criminals or hackers would easily and quickly exploit if given the chance. Clearly, there is an obvious financial motivation for all businesses to protect their own or customer’s sensitive data.

However, lawyers face particular ethical consequences if they fail to take reasonable efforts to either investigate the technologies that they implement or protect their client’s confidential information. . . .

Indiana Ethics Opinion Doesn’t Like Legal Start Ups.

01 Sunday Jun 2014

Posted by in Attorney Discipline, Legal Ethics, Technology

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An Indiana Ethics Opinion That May Kill Legal Start Ups, by Carolyn Elefant, myShingle.com

http://tinyurl.com/llpdhd4

Via the Legal Profession Blog, comes a recent Indiana ethics decision reprimanding a lawyer who’d practiced 41 years without incident for participating Law Tigers, a site that helps members of the public find a motorcycle attorney.  Trouble is, in pursuit of a single Tiger that may purportedly cause harm to the public, the Indiana Supreme Court now has the entire fledgling industry of legal matchmaking platforms by the tail.

Here’s the background. The American Association of Motorcycle Injury Lawyers (AAMIL) operates the Law Tigers website – one of dozens of  lead gen platforms like the Nolo Law Directory  Total Attorneys that direct website visitors and prospective clients to participating lawyers who pay to receive leads within a designated geographic area. Naturally, to encourage site visitors to seek legal services, the Law Tigers website boasts ‘Exceptional Results: Settlements and Verdicts’ and links to glowing client testimonials.  However, the respondent lawyers website, which could be accessed through a link on the Law Tigers site, included a disclaimer that a firm could not advertise past settlements or results. . . .

When You Share Files, Are They Secure?

31 Saturday May 2014

Posted by in Clouds, Confidentiality, Cybersecurity, Dropbox, Emails, Encryption, Legal Ethics, Legal Technology, Technology

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File Sharing by Lawyers Largely Insecure, Survey Suggests, by Robert Ambrogi, Robert Ambrogi’s Law Sites

http://tinyurl.com/pr3apcc

If I were to leave a document on a table entitled, ‘My Deepest, Darkest Secrets,’ under which I wrote, ‘Please do not read this unless you are someone I intended to read this,’ how securely would you think I’d protected myself?

That, effectively, is all the majority of lawyers do to protect confidential documents they share with clients and colleagues, according to a LexisNexis survey published this week. . . .

A Double Treat – Two-Part Posts On Cybersecurity and Outsourcing From Ralph Losey.

19 Monday May 2014

Posted by in Computer Fraud and Abuse Act, Computer Virus, Confidentiality, Document Retention, Emails, Encryption, Heartbleed, Law Office Management, Legal Ethics, Legal Technology, Malpractice, Malware, Technology, Technology, Trojans

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The Importance of Cybersecurity to the Legal Profession and Outsourcing as a Best Practice – Part One, by Ralph Losey, e-Discovery Team®

http://tinyurl.com/oalblet

and,

The Importance of Cybersecurity to the Legal Profession and Outsourcing as a Best Practice – Part Two, by Ralph Losey, e-Discovery Team®

http://tinyurl.com/mjek896

It is worth taking the time to read the Comments for both Part One and Part Two. -CCE

If Your Copier Has A Hard Drive, Is Its Stored Data Susceptible to E-Discovery?

09 Sunday Mar 2014

Posted by in Confidentiality, Databases, Discovery, E-Discovery, Law Office Management, Legal Ethics, Legal Technology, Litigation Hold, Metadata, Native Format, Office Procedures, Preservation, Sanctions, Technology

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Be Aware: Copying Machines Can Have Hard Drives And Store Copies – That’s Potential Out-Of-The-Box Discovery, by Adolph J. Levy, Out-Of-The-Box Lawyering Blog

http://tinyurl.com/mmpkd5h

Did you know that some copying machines have hard drives and store digital copies of the copies they have made? Or that the hard drives could even contain 25,000 copies that have been made? Copier + Hard Drive: A Dangerous Combination.

Lawyers are used to discovering e-mail, but now what about using discovery to find copies that a opposing party made over time? Wouldn’t you like to be at your opponent’s office and see the originals of all the copies that were being made?

Well, now, fortunately — or unfortunately — you might be able to. . . .

Is Your Cell Phone Secure? Are You Sure?

06 Monday Jan 2014

Posted by in Android Phones, Cell Phones, Disaster Preparedness, iPad, iPhones, Law Office Management, Legal Ethics, Legal Technology, Tablets, Technology

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A Mobile Security Checklist for Attorneys, by Larry Port, Legal Productivity

http://tinyurl.com/l7tm97l

While attending a CLE event, have you ever left your laptop unattended? What if someone steals one of your mobile devices from your car or your home — or what if you inadvertently lose it in some way? Can someone else access your privileged client’s data? -CCE

I recently had the honor of writing a piece for ILTA’s Peer to Peer magazine on mobile security and presenting a webinar on the same topic. One piece of research blew me away: in a six-month period in Chicago, over 20 THOUSAND (yes – THOUSAND) cell phones were left in taxis.

Sure, maybe Chicago’s taxi seats are stickier than most, and perhaps the cold forces people into taxis more than in, say, Boca Raton, FL. The point is, you’re apt to lose a phone. And these days, with large amounts of data storage, functionality, and computational power on these things, that spells trouble for attorneys protecting client data.

Changes Expected This Year in Pennsylvania Civil Litigation.

05 Sunday Jan 2014

Posted by in Construction, Expert Witness, Legal Technology, Litigation, Medical Malpractice, Motor Vehicle, Product Liability, Technology, Trial Tips and Techniques

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Changes Anticipated for Pa. Civil Litigation Jurisprudence in 2014, by Daniel E. Cummins, TORT TALK, republished from Pennsylvania Law Weekly

http://www.torttalk.com/2014/01/article-changes-anticipated-for-pa.html

Currently, there are a number of important civil litigation issues pending before the Pennsylvania appellate courts, the results of which could significantly impact the way litigators practice in the years ahead. Moreover, notable changes over the past year in Pennsylvania statutory law, as well as the Rules of Professional Responsibility, are expected to have a significant impact.

Is Failing to Keep Abreast of Latest Technology Tantamount to a Possible Ethical Violation?

03 Tuesday Dec 2013

Posted by in Legal Ethics, Technology, Trial Tips and Techniques

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Luddite Lawyers Are Ethical Violations Waiting To Happen, by Megan Zavieh, Lawyerist Blog

http://lawyerist.com/luddite-lawyers-ethical-violations-waiting-happen/

 The ABA made it abundantly clear that lawyers must keep up with technology when it amended comment 8 to Model Rule 1.1 on competence. Comment 8 now reads:

To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. (Emphasis added.)