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When Worlds Collide: Ethics and Technology for Lawyers
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When Worlds Collide: Ethics and Technology for Lawyers



Today's technology offers lawyers increased efficiency, greater mobility, and improved productivity. But those benefits also carry risks--risks directly related to our professional ethics rules. This ...

Today's technology offers lawyers increased efficiency, greater mobility, and improved productivity. But those benefits also carry risks--risks directly related to our professional ethics rules. This presentation outlines the dangers and many practical solutions to reduce your risks.



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    When Worlds Collide: Ethics and Technology for Lawyers When Worlds Collide: Ethics and Technology for Lawyers Presentation Transcript

    • Presenters: Catherine Sanders Reach Reid F. Trautz When Worlds Collide: Ethics and Technology for Lawyers
    • Ethics & Technology
      • Applicable Model Rules
        • Rule 1.4 Communication
        • Rule 1.6: Confidentiality
        • Rule 1.9: Conflicts--Duties to Former Clients
        • Rule 1.15: Safekeeping Client Property
        • Rule 5.1: Supervision of Lawyers
        • Rule 5.3: Supervision of Clerical Staff
        • Rule 7.1: Communication/Advertising
      • Applicable Standards
        • The Rules require a minimum standard of conduct; efforts to avoid malpractice or business failure may require greater efforts
    • Ethics & Technology
      • Your Office is Your Castle
        • The value of data stored on your computers grows daily; risks increase accordingly
        • Defenses are layered, not just one dimension
        • Information security is a process not a product
        • Risks also come from inside your castle—employees, building staff, etc
    • Email Security
      • Opening and sending attachments
      • Anti-Virus Protection: Are they all the same?
      • Encryption: Is it optional any more?
      • Create office e-mail policies
        • Prevent problems
        • Avoid headaches
      • Misaddressed e-mails
      • Staff training is essential
    • Document Security
      • Consider document management or case management software to control access to documents, emails, etc.
      • Deletion does not remove the document
      • Levels of protection
        • Password
          • To open
          • To edit, copy, extract
        • Sharing
          • MS Office 2003 Information Rights Management
          • PDF – Portable Document Format
        • Encryption
    • Document Security
      • Metadata:
        • What is metadata?
        • What precautions can I take?
        • Ok, now tell me what works:
          • MS Hidden Data Remover: www.microsoft.com/download
          • Payne’s Metadata Assistant: www.payneconsulting.com
          • Converting to PDF
    • Internet Security
      • Your Website
        • Consider click through assent to disclaimer statement to avoid conflicts or unintentional perception of formation of an attorney-client relationship
        • Disclaimer to protect articles and presentations being construed as legal advice
      • Internet Use Policies
        • Staff’s use of the internet can jeopardize the firm. Create and mandate internet use policy
      • Chat Rooms/E-mail Discussion Lists/Web Forums
        • Recorded, searchable conversations
          • With other lawyers
            • Be careful, follow state ethics when responding to online message boards to the general public
          • With people seeking legal help
            • Be aware that even closed lists are not completely private
    • PC Security
      • Adware & Spyware
        • What is adware?
        • What is spyware?
        • How does it get on my computer?
        • How do I stop it?
      • Anti-Spyware/Faux Anti-Spyware
    • PC Security
      • Spyware/Anti-Spyware/Adware
        • OK, tell me what works:
          • Change IE Security Settings (ActiveX controls)
          • Firefox – www.mozilla.org
          • Spybot Search & Destroy – www.safernetworking.org
          • Spy Sweeper – www.webroot.com
          • Ad-aware – www.lavasoftusa.com
          • Counterspy – www.sunbeltsoftware.com
          • Spyware Warrior - www.spywarewarrior.com
    • PC Security
      • Intrusion Detection Software (IDS):
        • What is it and why do I need it?
        • Ok, now tell me what works:
          • Prevx Home: www.prevx.com
          • WinPatrol: www.winpatrol.com
          • SpyBot Teatimer: www.safer-networking.org
          • Internet Security Suites
            • www.symantec.com
            • www.mcafee.com
    • PC Security
      • Firewalls
        • Prevents hackers and unwanted visitors
        • What do I have?
        • What do I need?
        • Ok, now tell me what works:
          • Windows XP includes some protection
          • ZoneAlarm
          • Norton Internet Security
          • Trend Micro PC-cillin security suite
          • Shields Up: www.grc.com
    • PC Security
      • Sharing a Computer Network
        • Solos sharing space vs being a law firm
        • Sub-letting space in a law firm
        • Check your state ethics opinions to see if using another firm’s network and/or Internet connection is ethical
    • PC Security
      • Discarding old computer equipment
        • How can I “sweep” it?
          • DoD standards
          • Darik’s Boot & Nuke
        • Where can I donate it?
          • National Cristina Foundation – www.cristina.com
          • HP – www.hp.com /recycle
          • Dell – www.dell.com /recycle
          • Gateway – www.gateway.tradeups.com
    • Data Backup
      • Backup is fundamental
        • What are the essential elements?
      • What about on-line back-up of computer data?
        • Is it ethical?
        • Is it secure?
        • How do I select a vendor?
    • Data Backup
        • Ok, now tell me what works:
          • Automatic back-up software
            • Backup Now, BackupMyPC, Norton, Dantz, BounceBack
          • Hardware options
            • CMS, Iomega, Pocketec, Maxtor, Mirra
          • On-line Options
            • @Backup – www.backup.com
            • iBackup – www.ibackup.com
            • Xdrive – www.xdrive.com
            • Enveloc Corp. – www.enveloc.com
    • Mobile Security
      • Wireless Local Area Networks
        • Benefits: No more cables; compute on the balcony!
        • Pitfalls: Security issues galore
      • Ok, now tell me what works:
        • SSID—service set identifier
        • WEP—wireless encryption protocol
        • WPA –WiFi Protected Access
        • MAC addresses
    • Mobile Security
      • Cell Phone Security
        • What, me worry?
          • Digital to analog
          • Bluetooth
          • Third Generation (3G) cell service
    • Mobile Security
      • Greater freedom of movement = greater risk of loss or theft
      • Laptop computers, PDAs, cell phones, flashdrives must be secured
      • Ok, now tell me what works:
        • Password Protection
        • Metapass Digital Key
        • Roboform
    • Mobile Security
      • WiFi
        • The Threats: Hackers/crackers, look-alike wifi networks
        • Your Weapons:
          • Resist using unsecured wifi networks
          • Use a VPN to get into your network
          • Use hotel/airport ethernet ports instead of wifi
      • Public PCs
        • Often full of spyware, like keystroke loggers
        • Is someone looking over your shoulder? (this goes for computing in any public place)
        • Do you want to have to remember to:
          • Delete cache, cookies, history, and offline files?
    • Electronic Discovery
      • Amendments to the Federal Civil Rules of Civil Procedure become effective December 1, 2006
      • Understand e-discovery or else
        • UBS Warburg, Zubulake, Metropolitan Opera
        • Native files vs. print
      • Retain experts
      • Create an e-discovery strategy
      • Test on smaller cases
    • Thanks!
      • Questions?
      • Reid Trautz
        • [email_address]
        • Catherine Sanders Reach
        • www.lawtechnology.org