Powerpoint presentation for General Practitioner's update by attorney Jennifer Ellis of Lowenthal & Abrams.

1. Law Practice ManagementJennifer Ellis
Lowenthal & Abrams and Jennifer Ellis, JD
jennifer@jlellis.net
www.lowabram.com
www.jlellis.net
General Practitioner’s Update
Law Practice Management, Security and Ethics
Mechanicsburg, 2013

2. About Me
• Lowenthal & Abrams, PC
▫ Plaintiff PI Firm – I focus on issues related to social media
▫ Marketing
▫ Technology litigation
• Jennifer Ellis, JD
▫ Online Presence and Technology
▫ Legal and Ethical Issues involving Social Media

3. About Me
• Frequent speaker and author on issues involving: Social
Media, Research, Law Practice Management, Technology and
Ethics
• Author of chapter on Social Media in ABA 2013 Solo and
Small Firm Technology Guide
• Author upcoming ABA book, Wordpress Websites in One
Hour for Lawyers

4. Topics
• Office Organization
▫ Paperless
▫ Technology
▫ Options
• Ethics and Technology
▫ Changes to Rules
▫ Cloud
▫ Metadata
▫ Security

6. Office Organization
• Is lack of organization:
▫ Costing you time?
▫ Costing you money?
▫ Costing your clients money?
▫ Requiring storage space rental?
▫ Increasing risk of malpractice?
• Technology can increase speed and decrease
malpractice risk and your need for space.

7. Save Time and Money: Go Paperless
• Scan
• Use Email
• Case Management
• Document Management and Backup
• Financial Records
• Electronic Discovery Tools
• Trial Software
• E-File When Available

8. Focus on the Future
• Don’t let old files hold you back.
• Focus on becoming paperless going forward.
• Determine how long you need to keep files for your practice
area.
▫ Get rid of what you don’t need to keep

9. Scanning
• For Solo or Small firms recommend:
▫ Fijitsu Scansnap
 $ 425 on Amazon
http://tinyurl.com/kj77wte
• Touch each piece of paper once
▫ Put it where it belongs immediately
▫ If it is trash, throw it in the trash

10. Create a Naming Convention
• Name your files in a
consistent fashion
▫ Include important data to help
you tell the documents apart
• Organize your files in a
consistent fashion
• Make Sure it Makes Sense
to Anyone

11. E-Mail
• Make sure everything syncs
▫ Email
 Folders
▫ Calendar
▫ Contacts
▫ Tasks
• No longer requires expensive Microsoft exchange server

12. Office 365
• $4-$6 per month per seat
• Purchase directly from Microsoft (not your web host)
• Syncs everything
• Other options available – include Office 2013 and full Online
Apps

13. Google Apps For Business
• $5 per month per seat or $50 per year
• Includes Google Apps

14. Case Management
• Many Cloud/Web-Based Options
▫ Clio
▫ RocketMatter
▫ Amicus
▫ MyCase
• Look for integration with accounting
• ABA comparison chart http://tinyurl.com/4z27kvq

15. Document Management
• Case Management Tool with Document Management
• Use Cloud-Based Document Storage for Backup
▫ Make certain secure and encrypted
• Recommend:
▫ SpiderOak
▫ Dropbox (add encryption - Truecrypt)
• Use hard disk for extra backup
▫ Encrypt the drive

16. Financial Records
• Tabs3
• PCLaw
• Quickbooks
▫ Not specifically made for law
practice
• Check for integration with case
management

17. Electronic Discovery and Document Review
• Obtain records electronically
• Use tools to save time and money
▫ Research tools and identify which will perform what you
need
▫ One good tool is Logikcull
 Recommended by a discovery expert colleague

18. Trial Software
• Trial presentation organization
▫ Put everything in one place
▫ Connect documents and videos
▫ Pack up electronically to bring to trial or deposition
• Two leaders
▫ Trial Director
 Free iPad app
▫ Sanction
 Working on app

19. Don’t Lose Time
• Use tools to track time
▫ Case management software
▫ Outlook – time feature
▫ Chrometa
▫ Many apps for phones and tablets
• Failure to track time results in lost
money
▫ Even for contingency cases

21. Are These Ethical Problems?
• Failure to:
▫ Perform electronic research?
▫ Check social media sites for harmful or helpful evidence?
▫ Remove metadata
▫ Secure cloud based data
▫ Protect from cyber attacks
▫ Timely respond to all methods of communication
▫ Have a plan of action if problems arise

22. Ethics 20/20
• ABA is seeking to explore and implement requirements
surrounding technology and ethical use in law practice.
• Pennsylvania Bar Association exploring similar issues
and seeking to amend or provide comments to
Pennsylvania rules.

23. Proposed Comment [6] to Rule 1.1
Maintaining Competence – 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 technology, engage in continuing study and
education and comply with all continuing legal education
requirement to which the lawyer is subject.
Slide from Daniel Siegel, Law Offices of Daniel J. Siegel

24. Proposed Change to Model Rule 4.4
• “Inadvertently sent” includes electronic information
as well as paper form.
▫ Triggers notification requirements
▫ Includes metadata

25. Ethics Fundamentals
• Attorneys must:
▫ Be aware of available technology
▫ Understand how to properly use technology
▫ Use technology when ethically required
▫ Manage and mitigate risks

26. Metadata – Data About Data
• Data hidden within electronic files
▫ Documents
▫ Pictures
▫ Video
▫ Websites and pages

27. Examples of Metadata
• Author
• Date
• Location
• Time
• Meta tags (Websites)
• Computer network
• Document edits
• Hidden notes for author’s use
• Who owns it
• What type of camera took it

28. Exif Data

29. Ethical Obligations on Transmission &
Receipt of Metadata
• PBA Committee on Legal Ethics and Professional
Responsibility – Formal Opinion 2009-100
▫ Attorney must “avoid sending electronic materials containing
metadata, where the disclosure of such metadata would harm
the client’s interests.”
▫ Recipient attorney “may generally examine and use the
metadata for the client’s benefit.”

30. Removing Metadata
• Numerous tools
▫ Office provides Document Inspector
▫ Adobe Acrobat includes tools in full version
▫ Images
 JPEG & PNG Stripper
 Within Windows
▫ Overall removal
 Metadata Assistant
 MetaReveal

31. Cloud Security
 Formal Opinion 2011-200
 Attorneys may ethically use the cloud to store confidential
information
 Must “take reasonable care to assure that (1) all such materials
remain confidential, and (2) reasonable safeguards are
employed to ensure that the data is protected from breaches,
data loss and other risks.”

32. Reasonable Steps?
• Confirm the reliability of the provider in terms of
▫ Security
▫ Longevity
▫ Location of data (and applicable laws)
▫ Who has access
▫ Plan if data is breached
▫ Backup

33. Law Firm Data Security
• Take all reasonable steps to prevent a data breach through
either technological means or phishing
▫ Proper training of staff
▫ Secure passwords
 At least 12 characters (letters, numbers and special characters)
 Changed frequently
▫ Update technology as necessary
▫ Prevent viruses and malware

34. Email Security
• Make certain your clients understand email is not 100%
secure
• Obtain approval to communicate via email
• Make certain your client’s email is private
▫ Not shared with a spouse
▫ Not employer’s email
▫ Concerns about accessing on employer’s equipment
(including Internet connection)
• Consider encryption (rare in practice)
• Make certain you use a secure provider

35. Phone, Computer & Tablet Security
• Secure all firm devices
• Require security for all non-firm devices used to access firm
data
• Include ability to wipe phones, laptops and tablets
• Include software and applications to help find lost or stolen
machines
• Require reporting of lost devices
• Have a plan for handling lost devices

36. Policies
• Create policies on all computer, Internet and email use
• Train all employees on policies
• Require employees to sign off on policies
• Enforce policies for all

38. 1 billion
1 billion users per month
343 million
100 million
4 billion photos
49 million
500 million
1 in 4
200 million
24 million
1 million
businesses
Social Media = 2 Way Communication

39. Social Media Can Destroy Cases
• Twitter
▫ Client posted pictures and discussed how she was enjoying life and becoming used to a scar
▫ Low verdict
• Blog & MySpaces
▫ Woman posted about belly dancing despite claiming a serious injury
▫ Angry judge, loss of substantial alimony
• Facebook
▫ Numerous people claim serious injuries and show contradictory information on Facebook
▫ Decreases settlement strength and value of case. Sometimes results in lost cases.

40. Advice
• Discuss social media use with your clients
• Instruct clients to stop using social media
▫ Explain that anything can impact a case
▫ Explain client cannot delete content
▫ Discuss privacy settings
• Review client’s social media account immediately
• Review opposing side’s social media account immediately
▫ Preserve relevant information
▫ Obey ethical rules

41. Ethics of Social Media in Cases
• Can review openly viewable data from opposing side
▫ Cannot friend opposing side
 Two NJ attorneys in trouble for friending opposing client
 Numerous guidance opinions including Philadelphia

42. Ethics of Social Media in Cases
▫ Can friend opposing witness
 Must make it clear who you are
District attorney fired for friending witnesses, pretending
to be ex-girlfriend of defendant
▫ Can research jurors
 Must not communicate with jurors
Includes friending

43. Spoliation & Social Media
• Cannot delete account, posts, pictures or other content
▫ Adverse inverse for deletion – Gatto
▫ $700k in sanctions - Sprouse
• Can:
▫ Change privacy settings
▫ Disable account

44. Obtaining Social Media Data
• Gather Data about Person
• Find Account(s)
• Review Accounts
• Verify Information

45. Litigation Tools
• Notice to Preserve
• Interrogatories
• Request for Production
• During Depositions
• Continuous surveillance of ethically available online content

46. What to Request
• Immediately request preservation of all online activities
• Obtain links to all social media accounts
▫ Direct links
• Obtain all email addresses used to access social media
accounts
• Watch out for duplicate accounts
• Request information about all online activities
▫ Don’t forget blog comments

47. Discovery of Social Media
• General rule:
▫ Contradictory information viewable in social media account?
Discovery granted.
• Social media sites will not help in civil cases
▫ Stored Communications Act
• Will provide data to government in criminal cases
▫ Sometimes will fight

48. Data Preservation
• Download Entire Facebook Account
▫ Facebook tool
• Access site and preserve
▫ Recommend record actions as take screen shots.
 Camtasia to record screen and voice
 Snagit to record screen shots
▫ Do not do preservation yourself
 Will become witness in your case

50. Marketing & Social Media For Your Firm
• Begin with a website
• Add a blog
▫ Update content frequently
• Identify appropriate social media sites to reach your
potential clients

51. Networking & Social Media For You
• Create a personal presence
• Post about yourself, ethical aspects of your work
▫ Keep within your comfort level
• Use as a networking tool

52. Understand Account v. Page
• Account
▫ For an individual
• Page
▫ For a business
• Use the correct format

53. What Do I Post About?
• Links to blog posts on technology, law and other items
▫ I have written
▫ Others have written
• Random bits of information I don’t mind sharing
• Details about speaking events
• Input on legal issues (within ethical rules)
• Links to articles with commentary
• My dog, Curtis D. Ellis

54. What Do I Post On Behalf Of My Firm?
• Links to content
▫ I have written for the firm
▫ Others have written that is interesting
• Information about the firm
• Conversation starters
• Video we have recorded
• Discussion on issues of the day
▫ Not religion or politics

55. Develop a Plan
• Which sites are best?
• How often will you post?
• What will you post?
• Who will post?
• How will you respond if problems arise?
• What are your goals?
• How will you measure results?

56. Follow The Plan
• If you do not plan on creating a robust presence with
frequent updates, don’t bother
• Begin slowly and ramp up as you are able
• Use tools such as HootSuite to manage your time

57. HootSuite
In Action

58. Understand The Ethics
• Is social media marketing?
• Overarching ethical rules of honesty, integrity and client
confidentiality apply to all postings.

59. Ethical Rules For Marketing
• When marketing, follow advertising rules (7.2)
▫ Geographic limitations
▫ Solicitation
▫ Appropriate fee language
▫ Follow rules for all states in which licensed or
seeking clients (8.5)

60. Watch for PA Rules
• Specialization – not an expert unless
▫ Patent
▫ Admiralty
▫ Other approved
• No testimonials from famous people
• Keep copies

61. Disclaimers
• Not legal advice (informational only)
• Does not form an attorney/client relationship
• Confidentiality concerns
• Geographical limitations

62. Attorney/Client Relationship (5.5)
• Be careful about answering questions in comments (or on
other sites)
▫ Don’t want to inadvertently form attorney/client
relationship
▫ Suggest people call you instead of answering online
when appropriate
▫ Practice in state where not licensed

63. Personal v. Professional = No Difference
• Efforts to separate personal and professional will fail
• Always use care in what you write
• Examples:
▫ Attorney fired for tweeting “Use Real Bullets”
▫ Viral case – attorney attacked gay student, fired and made a
mockery of across country
 Recently lost substantial verdict for harassment

64. Jennifer Ellis
Lowenthal & Abrams and Jennifer Ellis, JD
jennifer@jlellis.net
www.lowabram.com
www.jlellis.net