Remote Access for Law Firms: Ethics + Legal Considerations

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Remote Access for Law Firms: Ethics + Legal Considerations

  1. 1. Wednesday, September 25, 2013 4 - 6 pm @ Social Law Library, Boston presented by Jared D. Correia, Esq. Assistant Director Senior Law Practice Advisor Massachusetts Law Office Management Assistance Program
  2. 2. ①Ethics ②Laws and Regulations ③Practical Solutions 3 Areas of Concern
  3. 3.  American Bar Association Model Rules of Professional Conduct  Status of the Rules  A Standard of Technology Competence  Effect on Confidentiality  Massachusetts Rules of Professional Conduct  Silent onTechnology, or Antiquated Reference  Extrapolation  Massachusetts Bar Association  Committee on Professional Ethics  Ethics Opinion 12-03 on Use of Google Drive  Other States  Ethics Opinions  Due Diligence + ReasonableCare | PLUS ETHICS
  4. 4.  Massachusetts General Laws, Chapters 93H + 93I  201 Code of Massachusetts Regulations 17  WISP  Encryption  Vetting  Reporting  Court Rules (. . . Sort Of)  PIDGuidelines, Similar to MGL + CMR  Not Enforced,AsYet  Other States  AnAccident of Licensure  Purpose is Protecting State Residents LAWS + RULES
  5. 5.  Archiving Due Diligence  Pre-Encryption  By Hand  By Proxy  By Email  Factors of Authentication  SomethingYou Know  SomethingYou Have  SomethingYou Are  Policies + Procedures  Client Education . . .  Avoidance is NOT the Answer SOLUTIONS
  6. 6.  The Shift to the Cloud Will Only Increase  TraditionalApplicationsWill Continue to Move, inWhole or in Part  TechnologyCompetence is a Practical Necessity  You Do NotWork In aVacuum Any Longer  Extrapolating + Analogizing  Cultural Lag  GreyAreas Abound  Reasonableness Standard  The Conduct is Always the Issue, Not the Media  You’ve Already Been Introduced  Personal Use  ProfessionalUse  The AccountantAnalogy THE STATUS QUON’T
  7. 7.  Don’tThink Of It as ‘the Cloud’  Think of it as ‘the Foot Locker’  Information Management  Essential to Preservation of Business  Data Backup Lives  Building Redundancies  What’sYours isYours  Options Overload  Pluribus or Unum?  FreeTrials  Buy-In  There Is No Perfect Solution  A Breach is Likely OBSERVATIONS
  8. 8. Questions? Concerns? . . . Has Answers. 31 Milk Street Suite 810 Boston, Massachusetts 02109 www.masslomap.org www.masslomap.org/blog www.facebook.com/MassLOMAP @MassLOMAP Jared D. Correia, Esq. @jaredcorreia www.attorneyatwork.com/author/jared-correia www.legaltalknetwork.com/podcasts/legal-toolkit ‘Twitter in One Hour for Lawyers’

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