A 60 minute Technology Presentation byGarrett P. LaBorde, esq.

2014 LADB CLE Seminar Series(Louisiana Attorney Disciplinary Board )

April 2014 – September 2014

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

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.

Remote Node Access = “Virtual Private Network (VPN)”(Briefly)

• Defined

• Advantages

• Limitations:• Internet bandwidth limitations• Data integrity • Lack of full access

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

Screenshot: TeamView Remote, Meetings & VPN

What about Remote File Access/Storage

in “The Cloud”?Where Everything’s headed!

Still Don’t believe me?

http://fowlerlaw.com/white-paper-fowler-bell-laws-journey-cloud/

Law in the Cloud

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.

• The Five FOUR main players

• Box (formerly “Box.net”) – One of the more Lawyer & Business friendly cloud storageplatforms; more enterprise features including Active Directory management andintegration with Microsoft Office and other popular business applications. 10 GB Plan isfree (250MB File size limit) ; 100 GB Plan is $10/month (5GB File size limit). (Box not onlycompetes against online file-sharing service providers such as Dropbox, but also against enterprisecollaboration and content management platforms such as Microsoft SharePoint.) Works withWindows, 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 optionsup to 100 gigabytes @ $50 per year. File size is limited to 2 gigabytes. Works withWindows, Mac, iOS, Android and Windows 8 mobile.

• Dropbox – Probably the easiest us set-up and use, it provides 2 GB of free space, withoptions 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, andAndroid.

• iCloud – Apple’s proprietary (and iOS device-dependent) cloud storage provides 5gigabytes of frees space (*for certain file types), with options up to 100 gigabytes for $100per year. File size is limited to 25 megabytes for free account, 250 megabytes for paid foraccount. Works with Windows, Mac, iOS, Windows. (not Android!)

Cloud Storage Comparison Chart(As of 04/01/14

One Drive

Hosted Exchange Email Server (“Exchange in the Cloud”)

“Microsoft Exchange Server/Outlook” is an email andcalendaring server and application that is the de factocorporate standard for handling corporate email,calendaring, contacts and tasks. (Lawyers want to be able tosee their calendars in court, add appointments when inmeetings and at depositions, have access to their importantcontact information, and process the never ending email theyreceive wherever they are.)

' Hosted Exchange Server connects via the Internet toyour premise-based versions of Outlook, enabling youto handle your email, calendar and contacts with thefull power of Exchange Server behind it – including itssyncing capabilities.

Used to be out of reach for small firms, but NOW, Microsoft and other companieshave started to offer “Hosted Exchange Server services” (meaning that they host thesoftware at their sites) that provide access to an Exchange Server for a relatively lowmonthly per user subscription rate (as low as $4 per user per month up to $8 per monthdepending on the level of service that you want).

Microsoft Office 365:(“Rent” Your Microsoft Office Licenses only as needed)

Now Alll Office 365 Plans include 1 TB (1,000GB) of One Drive Storage PER USER!

(eff. Summer 2014)

Conventional Remote/Mobile

Access & StorageA “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.

The “Virtual” Practice

eLawyering Defined

Partially Virtual (“Clicks & Mortar”)

Completely Virtual

Examples

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.

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

On-Line Legal ServicesA “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.

Example: Virtual Law Firm (Using Direct Law)

Example: Multijurisdictional Virtual Law Firm (Remember: Bona Fide Office rule)

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.”

Technology & Issues

Online Practice Management Tools

Online Practice Management Tools

Ethics & Professionalism

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 animportant update to Rule 1.1 of the ABA Model Rules of Professional Conduct. The Model Rules nowmake it clear that lawyers have a duty to keep abreast of the benefits and risks associated withtechnology.

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 againstinadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representationof 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, thelawyer must take reasonable precautions to prevent the information from coming into the hands of unintendedrecipients. This duty, however, does not require that the lawyer use special security measures if the method ofcommunication affords a reasonable expectation of privacy. Special circumstances, however, may warrant specialprecautions. Factors to be considered in determining the reasonableness of the lawyer’s expectation ofconfidentiality include the sensitivity of the information and the extent to which the privacy of the communicationis protected by law or by a confidentiality agreement. A client may require the lawyer to implement special securitymeasures not required by this Rule or may give informed consent to the use of a means of communication thatwould otherwise be prohibited by this Rule.

Other Ethical Considerations:

More Resources……Products

……….& Tools

“Know This…”

“Read This…”

“Get This…”

Hacking aimed at you?

“In November of 2011, the FBI met with major lawfirms to deal with the rising number of law firmcomputer intrusions, warning them that hackers seeattorneys as a back door to the valuable data of theircorporate clients. In an age where lawyers frequentlyconduct business across wireless networks usingsmartphones and laptops, how can attorneys safeguardclient data and confidential information?”

Source: “Locked Down: Information Security for Lawyers”, ABA, Law PracticeManagement Section Publications

Data Breach Notification Duties in LA?

Insurance? “Cyber Liability Coverage”

Gilsbar’s Cyber Liability Coverage Highlights:

Locked Down: Information

Security for LawyersBy 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: $47.95Regular Price: $79.95

http://apps.americanbar.org/abastore/index.cfm?pid=5110741&section=main&fm=Product.AddToCart

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..)

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.)

Via Browser Add-on’s (Extensions)

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.

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

Browser Tips & FavoritesCompare Outlook.com Security Features to

Gmail & Yahoo! Mail: http://www.microsoft.com/en-us/outlook-com/compare/

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!)

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.

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

• 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: