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

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

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

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

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

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

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

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

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

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

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

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

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?

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

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

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

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

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?

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

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

Questions?

Reid Trautz

[email_address]

Catherine Sanders Reach

www.lawtechnology.org