Virtual & Remote Practice: Reach from the Beach & Manage from the Mountains demonstrates key concepts of a “Virtual” and “Remote” law practice including an overview of many of the leading technologies currently enabling lawyers to remain virtually and remotely connected to clients, their firms and the vital information and knowledge of each, irrespective of his/her physical location; explores a few of the practice models employing these tools.
Virtual & Remote Practice: Reach from the Beach & Manage from the Mountains
1. A 60 minute Technology Presentation by
Garrett P. LaBorde, esq.
2014 LADB CLE Seminar Series
(Louisiana Attorney Disciplinary Board )
April 2014 – September 2014
2. Remote vs. “Virtual” Practice
Remote Access
Cloud vs.
Conventional
The “Virtual Practice”
Partial (“Clicks & Mortar”)
Completely Virtual
eLawyering Defined
Technology & Issues
Ethics & Professionalism
More:
……….Resources
……….Products
……….Tools
(“Know This..…Read This..…Get This”)
Overview
3. Remote Access
Basic Remote Access Principles & Terms:
• Solo/Small Firm v. Medium v. Large Firm – it is important to
understand that what may make sense for a solo practitioner may
be absolutely useless for a medium sized firm, and vice versa.
• Right and wrong – there really isn’t inherent right and wrong in
discussing this issue, just different. This is even truer today with
all the many options that are now available to law firms to access
their data remotely. What may be “wrong” for one firm may be
exactly “right” for another. At the end of the day, it is what
solution that works for you and your firm that matters.
• Premise-based data v. Cloud based data – the most important
distinction to make is that between remote access to premise-based
data and resources, and the use of “cloud” solutions that are
inherently remote, but still require an evaluation of how you
access that data.
4. Remote Node Access = “Virtual Private Network (VPN)”
(Briefly)
• Defined
• Advantages
• Limitations:
• Internet bandwidth limitations
• Data integrity
• Lack of full access
5. Remote Control Access(e.g. LogMeIn; GoToMyPC; TeamViewer)
• Defined
• Advantages (basically mirror & solve VPN downsides):
• Internet bandwidth limitations…
• Data integrity….
• Lack of full access…..
• Additional Benefits:
• Cross platform and device ease.
• Cost – how about free?
• Minor Disadvantages
• Computer hardware
• Computer up time
10. Remote Access using “Cloud” Based Services and Resources
e.g. Box; DropBox; OneDrive; iCloud; Google Drive, et al.
Remote file access advantages:
• No matter where you are, you have access to all your firm files.
SkyDrive is cross-device compatible with apps for Smartphones and tablets
running Android, Apple and Windows 8.
• It’s simple – installing it takes less than 5 minutes, and once your folder system is
configured the way you want it you won’t even have to think about it again.
• It provides mirrored images of your file store in multiple locations. While this
isn’t a backup solution, per se, it comes close and provides another level of data
redundancy.
• While apparently not MS supported, you can run OneDrive on a network shared
folder so that it can become the file repository for the entire firm.
• It’s inexpensive. The first 7 gigabytes are free, and you can add up to 100
gigabytes for $50 per year.
11. • The Five FOUR main players
• Box (formerly “Box.net”) – One of the more Lawyer & Business friendly cloud storage
platforms; more enterprise features including Active Directory management and
integration with Microsoft Office and other popular business applications. 10 GB Plan is
free (250MB File size limit) ; 100 GB Plan is $10/month (5GB File size limit). (Box not only
competes against online file-sharing service providers such as Dropbox, but also against enterprise
collaboration and content management platforms such as Microsoft SharePoint.) Works with
Windows, Mac, iOS, Android and Windows mobile.
• Microsoft’s OneDrive (previously “SkyDrive”, “Windows Live SkyDrive“& “Windows Live Folders”)–
Microsoft’s 365 integrated cloud product which provides 7 GB of free space, with options
up to 100 gigabytes @ $50 per year. File size is limited to 2 gigabytes. Works with
Windows, Mac, iOS, Android and Windows 8 mobile.
• Dropbox – Probably the easiest us set-up and use, it provides 2 GB of free space, with
options up to 100 gigabytes for $99 per year. File size is unlimited. Works with Windows,
Mac, Linux, iOS, Android, Windows 8 and Blackberry.
• Google Drive - provides 15 gigabytes of frees space, with options up to 100 gigabytes for
$60 per year. File size is limited to 10 gigabytes. Works with Windows, Mac, iOS, and
Android.
• iCloud – Apple’s proprietary (and iOS device-dependent) cloud storage provides 5
gigabytes of frees space (*for certain file types), with options up to 100 gigabytes for $100
per year. File size is limited to 25 megabytes for free account, 250 megabytes for paid for
account. Works with Windows, Mac, iOS, Windows. (not Android!)
13. Hosted Exchange Email Server (“Exchange in the Cloud”)
“Microsoft Exchange Server/Outlook” is an email and
calendaring server and application that is the de facto
corporate standard for handling corporate email,
calendaring, contacts and tasks. (Lawyers want to be able to
see their calendars in court, add appointments when in
meetings and at depositions, have access to their important
contact information, and process the never ending email they
receive wherever they are.)
' Hosted Exchange Server connects via the Internet to
your premise-based versions of Outlook, enabling you
to handle your email, calendar and contacts with the
full power of Exchange Server behind it – including its
syncing capabilities.
Used to be out of reach for small firms, but NOW, Microsoft and other companies
have started to offer “Hosted Exchange Server services” (meaning that they host the
software at their sites) that provide access to an Exchange Server for a relatively low
monthly per user subscription rate (as low as $4 per user per month up to $8 per month
depending on the level of service that you want).
15. Now Alll Office 365 Plans include 1 TB (1,000GB) of
One Drive Storage PER USER!
(eff. Summer 2014)
16. Conventional Remote/Mobile
Access & Storage
A “More Secure” External Hard Drive:
Examples:
Lenovo ThinkPad 750 GB External hard drive ( portable )
USB 3.0 5400 rpm USB 3.0 Secure ($186 online)
Optimized for safeguarding essential data while on-the-go,
Secure access simply and easily with your own unique PIN
High-level 256-bit Advanced Encryption Standard (AES) security
Slim, lightweight, self-powered, easy-to-use design.
17.
The “Virtual” Practice
eLawyering Defined
Partially Virtual (“Clicks & Mortar”)
Completely Virtual
Examples
18.
19. What is eLawyering?
Marc Lauritsen, co-chair of the eLawyering Task Force of the
Law Practice Management Section of the American Bar
Association has succinctly defined eLawyering as:
“[E- Lawyering is] all the ways in which lawyers can do their
work using the Web and associated technologies. These include
new ways to communicate and collaborate with clients, prospective
clients and other lawyers, produce documents, settle disputes and
manage legal knowledge. Think of a lawyering verb—interview,
investigate, counsel, draft, advocate, analyze, negotiate, manage
and so forth—and there are corresponding electronic tools and
techniques.”
eLawyering or virtual lawyering requires that a client be able to
log in to a secure web space with a user name and password where
they can access the firm’s legal services.
20. What is a Virtual Law
Firm?
A “virtual law firm” is characterized by access by the
firm’s clients to a password protected and secure
web space where both the attorney and client may
interact and legal services consumed by the client.
More specifically it can be defined as having a
secure client portal that is accessible from the law
firm’s web site.
Username:
Password:
LOGIN
21. On-Line Legal Services
A “virtual law firm” may enable clients to:
Assemble legal documents over the web;
Purchase legal advice online by telephone or email;
Store their legal documents online;
Collaborate with their attorneys online through
threaded discussions which are archived.
Access legal information, web advisors, and intelligent
calculators.
24. Benefits of a Virtual Law Firm
Capture new clients who are part of the “latent
market for legal services” who don’t use lawyers;
Deliver “limited legal services” on-line.
Capture web-savvy clients who are members of the
“connected generation” who expect to relate to their
lawyers “on-line.”
31. Ethics & Professionalism
Comments to Rule 1.1 and Rule 1.6 Model Rules of Professional Conduct:
Amended Rule 1.1: Ethical duty to seek and demonstrate competence in the
use of the tools that they use in practice
New Comments 16 & 17 to Rule 1.6: Ethical duty to protect sensitive client
data and to ensure that confidential data is preserved.
Because……
At the ABA’s 2012 Annual Meeting in Chicago, the House of Delegates gave final approval to an
important update to Rule 1.1 of the ABA Model Rules of Professional Conduct. The Model Rules now
make it clear that lawyers have a duty to keep abreast of the benefits and risks associated with
technology.
Text of Comments [16] and [17] to Model Rule 1.6 state:
[16] A lawyer must act competently to safeguard information relating to the representation of a client against
inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representation
of the client or who are subject to the lawyer’s supervision. See Rules 1.1, 5.1 and 5.3.
[17] When transmitting a communication that includes information relating to the representation of a client, the
lawyer must take reasonable precautions to prevent the information from coming into the hands of unintended
recipients. This duty, however, does not require that the lawyer use special security measures if the method of
communication affords a reasonable expectation of privacy. Special circumstances, however, may warrant special
precautions. Factors to be considered in determining the reasonableness of the lawyer’s expectation of
confidentiality include the sensitivity of the information and the extent to which the privacy of the communication
is protected by law or by a confidentiality agreement. A client may require the lawyer to implement special security
measures not required by this Rule or may give informed consent to the use of a means of communication that
would otherwise be prohibited by this Rule.
37.
Hacking aimed at you?
“In November of 2011, the FBI met with major law
firms to deal with the rising number of law firm
computer intrusions, warning them that hackers see
attorneys as a back door to the valuable data of their
corporate clients. In an age where lawyers frequently
conduct business across wireless networks using
smartphones and laptops, how can attorneys safeguard
client data and confidential information?”
Source: “Locked Down: Information Security for Lawyers”, ABA, Law Practice
Management Section Publications
41. Locked Down: Information
Security for Lawyers
By Sharon D. Nelson, Esq., John W.
Simek, and Michael C. Maschke
Locked Down explains the wide variety
of information security risks facing law
firms and how lawyers can best protect
their data from these threats—with
any budget. Written in clear, nontechnical
language that any lawyer
can understand, this book will help
you create a secure password, assess
your security risks, work securely from
a laptop and smartphone, maintain
e-mail integrity, and much more.
1 2012 | 7 x 10 | 319 pages
Paperback | Product Code: 5110741
LPM Member Price: $47.95
Regular Price: $79.95
http://apps.americanbar.org/abastore/index.cfm?pid=5110741§ion=main&fm=Product.AddToCart
42. Applications, Internet &
Browser Tips
Mandatory SSL
(ie, “https” secure, encrypted connection)
Chrome, Firefox, Internet Explorer & Add-ons
Secure (encrypted) Google Search:
https://encrypted.google.com/ vs. https://www.google.com/
More Secure Webmail…… (Outlook.com?)
Two Factor Authentication (Google; Exchange; Social Media, etc..)
43. Browser Tips & Favorites
SSL Search:
Searching over SSL provides you with a more secure and
private search experience. As we make SSL available, SSL
search will be the default when you're signed in.
How can I identify SSL?
When SSL search is in use, the URL will contain https (note
the extra "s") followed by the Google domain, e.g.
https://www.google.com. Your browser may also provide
a visual indication that you are using SSL, such as a lock
icon in the URL bar. You can also navigate directly to
https://www.google.com or to
https://encrypted.google.com if you are signed out or if
you don’t have a Google Account.)
45. Browser Tips & Favorites
Major Sea Change in Web based Email (“WEBMAIL”)
Officially released in February 2013, Microsoft new
approach and user interface of Outlook.com is probably
the most significant development (improvement) in Web-
based email Google launched Gmail, 9 years ago in April
of 2004.
46. Browser Tips & Favorites
If you use a “Webmail Client” (e.g. Gmail)…..
…..Should you Convert/Upgrade to Outlook.com?
Take a look:
Overview Video:
http://windows.microsoft.com/en-us/windows/outlook/auto-upgrade-outlook-faq
47. Browser Tips & Favorites
Compare Outlook.com Security Features to
Gmail & Yahoo! Mail:
http://www.microsoft.com/en-us/outlook-com/compare/
48. Mobile Device Best Practices & Tips
• Use Passwords & Pins (Immediately… Everytime)
Strong Passwords & Pins! (Never “0000” or “1234”)
• Register iPhone/iPad at iCloud.com
(Find It Ping It Lock It or Wipe It!)
• Install Mobile Security App
Android Examples:
“Lookout” or “Cerberus” Apps
(Locate, Lock, Scream, Wipe!)
49. Attend ABA Techshow 2015!
• April 16-18, 2015
@ The Chicago Hilton
• The Best Conference/EXPO
to bring lawyers and
technology together.
• Learn about the most useful
and necessary technologies
available to lawyers.
50. More Resources:
ABA Journal & Mobile App on: iTunes & Google Play
Law Practice Magazine & Mobile App on: iTunes & Google Play
L.S.B.A.’s Law Office Management Assistance Program
http://www.abajournal.com/gallery/mobilelawyerapps
51. • garrett@LabordeLegal.com
• garrett.laborde@gmail.com
• Office: (866) 263-2376
• Cell: (ask me in person)
www.linkedin.com/in/garrettlaborde
https://twitter.com/garrettlaborde
www.facebook.com/garrett.laborde
Getting in Touch & For More In-Depth Advice:
Editor's Notes
Stephanie.
Richard
Stephanie (and Richard)
Pointing Out Key La. Provisions……..
>“Security Breach” defined as… “The compromise of the security, confidentiality, or integrity of computerized data that results in, or there is a reasonable basis to conclude has resulted in, the unauthorized acquisition of and access to PI [“Personal Information”] maintained by an Entity. Good-faith acquisition of PI by an employee of the Entity for the purposes of the Entity is not a breach of the security of the system, provided that the PI is not used for, or is not subject to, unauthorized disclosure.
>Notification Obligation. Any Entity to which the statute applies shall, following discovery of a breach of the security of the system containing such data, notify any resident of the state whose PI was, or is reasonably believed to have been, acquired by an unauthorized person.
Notification is not required if after a reasonable investigation the Entity determines that there is not a reasonable likelihood of harm to customers.
>Attorney General Notification. When notice to LA citizens is required by the statute, the Entity shall provide written notice detailing the breach of the security of the system to the Consumer Protection Section of the Attorney General’s Office. Notice shall include the names of all LA citizens affected by the breach. Notice to the state AG shall be timely if received within 10 days of distribution of notice to LA citizens. Each day notice is not received by the state AG shall be deemed a separate violation. >Third-Party Data Notification. Any [other 3rd party entity] that maintains computerized data that includes PI that the agency or person does not own shall notify the owner or licensee of the information if the PI was, or is reasonably believed to have been, acquired by an unauthorized person through a breach of security of the system containing such data, following discovery by the agency or person of a breach of the security system. [Q. Is this 3rd Party Indemnity for you regarding any cloud data? Don’t know!]
>”Personal Information” defined “An individual’s first name or first initial and last name in combination with any one or more of the following data elements, when the name or the data element is not encrypted or redacted:
Social Security Number;
Driver license number; or
Account number or credit card number or debit card number in combination with any required security code, access code, or password that would permit access to an individual’s financial account.
Notice Required. Notice may be provided by one of the following methods:
Written notification; or
Electronic notification, if the notification provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. § 7001 (E-SIGN Act).
Substitute Notice Available. If an Entity demonstrates that the cost of providing notification would exceed $250,000, or that the affected class of persons to be notified exceeds 500,000, or the Entity does not have sufficient contact information. Substitute notice shall consist of all of the following:
Email notification when the Entity has an email address for the subject persons;
Conspicuous posting of the notification on the Entity’s Web site if the Entity maintains one; and
Notification to major statewide media.
>Penalties.
(1) A civil action may be instituted to recover actual damages resulting from the failure to disclose in a timely manner to a person that there has been a breach of the security system resulting in the disclosure of a person’s PI.
(2) Failure to provide timely notice may be punishable by a fine not to exceed $5,000 per violation. Notice to the state AG shall be timely if received within 10 days of distribution of notice to LA citizens. Each day notice is not received by the state AG shall be deemed a separate violation.