Mac for the Law Office

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Mac for the Law Office

  1. 1. Mac Software for the Law Office Jon Lutz Electronic Services Librarian FSU College of Law Research Center Fall 2011 Florida State University College of Law Research Center
  2. 2. Cloud Computing Florida• This committee concludes that the main consideration in file storage is that the appropriate documents be maintained, not necessarily the method by which they are stored. Therefore, a law firm may store files electronically unless: a statute or rule requires retention of an original document, the original document is the property of the client, or destruction of a paper document adversely affects the client’s interests.• The committee agrees with other jurisdictions that have noted practical considerations involved in electronic file storage. The committee cautions lawyers that electronic files must be readily reproducible and protected from inadvertent modification, degradation or destruction. The lawyer may charge reasonable copying charges for producing copies of documents for clients as noted in Florida Ethics Opinion 88-11 Reconsideration. Finally, lawyers must take reasonable precautions to ensure confidentiality of client information, particularly if the lawyer relies on third parties to convert and store paper documents to electronic records. Rule 4-1.6, Rules of Professional Conduct.From Professional Ethics of the Florida Bar – Opinion 06-1 ( April10, 2006) [Revised:09-08-2011]http://www.floridabar.org/tfb/TFBETOpin.nsf/b2b76d49e9fd64a5852570050067a7af/9d8c4cf77b6a54278525718f005ab400!OpenDocument Florida State University College of Law Research Center
  3. 3. North Carolina 2010 Formal Ethics Opinion• Proposed 2010 Formal Ethics Opinion 7 Subscribing to Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property April 15, 2010 http://www.ncbar.gov/ethics/propeth.asp Florida State University College of Law Research Center
  4. 4. Proposed opinion rules that a law firm may contract with a vendor of software as a service provided the risks thatconfidential client information may be disclosed or lost are effectively minimized.Inquiry #1:Much of software development, including the specialized software used by lawyers for case/practice management,document management, and billing/financial management, is moving to the "software as a service" (SaaS) model. In thearticle "Software as a Service (SaaS) Definition and Solutions," Meridith Levinson, writing for the CIO website, explainsSaaS as follows:Generally speaking, its software thats developed and hosted by the SaaS vendor and which the end user customeraccesses over the Internet. Unlike traditional packaged applications that users install on their computers or servers, theSaaS vendor owns the software and runs it on computers in its data center. The customer does not own the software buteffectively rents it, usually for a monthly fee.1The American Bar Associations Legal Technology Resource Center explains SaaS as follows:SaaS is distinguished from traditional software in several ways. Rather than installing the software to your computer or thefirms server, SaaS is accessed via a web browser (like Internet Explorer or FireFox) over the Internet. Data is stored in thevendors data center rather than on the firms computers. Upgrades and updates, both major and minor, are rolled outcontinuously. And perhaps most importantly, SaaS is usually sold on a subscription model, meaning that users pay amonthly fee rather than purchasing a license up front.2SaaS for law firms may involve the storage of a law firms data, including client files, billing information, and work product,on remote servers rather than on the law firms own computer and, therefore, outside the direct control of the firmslawyers. Given the duty to safeguard confidential client information, including protecting that information from unauthorizeddisclosure; the duty to protect client property from destruction, degradation, or loss (whether from system failure, naturaldisaster, or dissolution of a vendors business); and the continuing need to retrieve client data in a form that is usableoutside of the vendors product;4 may a law firm use SaaS? Florida State University College of Law Research Center
  5. 5. Yes, provided steps are taken effectively to minimize the risk of inadvertent or unauthorized disclosure of confidentialclient information and to protect client property, including file information, from risk of loss.Rule 1.6 of the Rules of Professional Conduct states that a lawyer may not reveal information relating to therepresentation of a client unless the client gives informed consent or the disclosure is impliedly authorized to carry outthe representation. Comment [17] explains, "A lawyer must act competently to safeguard information relating to therepresentation of a client against inadvertent or unauthorized disclosure by the lawyer or other persons who areparticipating in the representation of the client or who are subject to the lawyers supervision." Comment [18] adds that,when transmitting confidential client information, a lawyer must take "reasonable precautions to prevent the informationfrom coming into the hands of unintended recipients."Rule 1.15 also requires a lawyer to preserve client property, including information in a clients file such as clientdocuments and lawyer work product, from risk of loss due to destruction, degradation, or loss. See also RPC 209 (notingthe "general fiduciary duty to safeguard the property of a client"); RPC 234 (duty to store original documents with legalsignificance in a safe place or return to client); and 98 FEO 15 (lawyer must exercise "due care" when selectingdepository bank for trust account).Although a lawyer has a professional obligation to protect confidential information from unauthorized disclosure, theEthics Committee has long held that this duty does not compel any particular mode of handling confidential informationnor does it prohibit the employment of vendors whose services may involve the handling of documents or datacontaining client information. See RPC 133 (no requirement that firms waste paper be shredded if lawyer ascertains thatpersons or entities responsible for the disposal employ procedures that effectively minimize the risk that confidentialinformation may be disclosed). Moreover, the committee has held that, while the duty of confidentiality extends to theuse of technology to communicate, "this obligation does not require that a lawyer use only infallibly secure methods ofcommunication." RPC 215. Rather, the lawyer must use reasonable care to select a mode of communication that, in lightof the circumstances, will best protect confidential communications and the lawyer must advise affected parties if there isreason to believe that the chosen communications technology presents an unreasonable risk to confidentiality. Id. Florida State University College of Law Research Center
  6. 6. Furthermore, in 2008 FEO 5, the committee has already held that the use of a web-based document management systemthat allows both the law firm and the client access to the clients file is permissible:provided the lawyer can fulfill his obligation to protect the confidential information of all clients. A lawyer must take stepsto minimize the risk that confidential client information will be disclosed to other clients or to third parties. See RPC 133and RPC 21585A security code access procedure that only allows a client to access its own confidential informationwould be an appropriate measure to protect confidential client information85If the law firm will be contracting with a thirdparty to maintain the web-based management system, the law firm must ensure that the third party also employsmeasures which effectively minimize the risk that confidential information might be lost or disclosed. See RPC 133.In a recent ethics opinion, the Arizona State Bars Committee on the Rules of Professional Conduct concurred with 2008FEO 5 by holding that a law firm may use an online file storage and retrieval system that allows clients to access theirfiles over the internet provided the firm takes reasonable precautions to protect the security and confidentiality of clientdocuments and information.4In light of the above, the Ethics Committee concludes that a law firm may use SaaS if reasonable care is taken effectivelyto minimize the risks to the confidentiality and to the security of client information and client files. However, the law firm isnot required to guarantee that the system will be invulnerable to unauthorized access.5 Note that no opinion is expressedon the business question of whether SaaS is suitable for a particular law firm. Florida State University College of Law Research Center
  7. 7. Inquiry #2:Are there any "best practices" that a law firm should follow whencontracting with a SaaS vendor to minimize the risk? Software as a Service Florida State University College of Law Research Center
  8. 8. Yes, a lawyer should be able to answer the list of questions below satisfactorily in order toconclude that the risk has been minimized. However, the list is not all-inclusive andconsultation with a security professional competent in the area of online computer securityis recommended when contracting with a SaaS vendor. Moreover, given the rapidity withwhich computer technology changes, what may constitute reasonable care may changeover time and a law firm would be wise periodically to consult with such a professional.The lawyer or law firm should be able to answer the following questions sufficiently toconclude that the risk to confidentiality and security of client file information is minimal:6 Florida State University College of Law Research Center
  9. 9. 1. What is the history of the SaaS vendor? Where does it derive funding? How stable is it financially?2. Has the lawyer read the user or license agreement terms, including the security policy, and does he/she understand the meaning of the terms?3. Does the SaaS vendors Terms of Service or Service Level Agreement address confidentiality? If not, would the vendor be willing to sign a confidentiality agreement in keeping with the lawyers professional responsibilities? Would the vendor be willing to include a provision in that agreement stating that the employees at the vendors data center are agents of the law firm and have a fiduciary responsibility to protect client information?4. How does the SaaS vendor, or any third party data hosting company, safeguard the physical and electronic security and confidentiality of stored data? Has there been an evaluation of the vendors security measures including the following: firewalls, encryption techniques, socket security features, and intrusion-detection systems?5. Has the lawyer requested copies of the SaaS vendors security audits?6. Where is data hosted? Is it in a country with less rigorous protections against unlawful search and seizure?7. Who has access to the data besides the lawyer?8. Who owns the data—the lawyer or SaaS vendor?9. If the lawyer terminates use of the SaaS product, or the service otherwise has a break in continuity, how does the lawyer retrieve the data and what happens to the data hosted by the service provider?10. If the SaaS vendor goes out of business, will the lawyer have access to the data and the software or source code?11. Can the lawyer get data "off" the servers for the lawyers own offline use/backup? If the lawyer decides to cancel the subscription to SaaS, will the lawyer get the data? Is data supplied in a non-proprietary format that is compatible with other software?12. How often is the users data backed up? Does the vendor back up data in multiple data centers in different geographic locations to safeguard against natural disaster?• If clients have access to shared documents, are they aware of the confidentiality risks of showing the information to others? See 2008 FEO 5.• Does the law firm have a back-up for shared document software in case something goes wrong, such as an outside server going down? Florida State University College of Law Research Center
  10. 10. Keynote
  11. 11. Alpha Demo
  12. 12. Alpha
  13. 13. Alpha
  14. 14. Mask DemoFlorida State University College of Law Research Center
  15. 15. MaskFlorida State University College of Law Research Center
  16. 16. Beedocs Timeline 3D Demo Florida State University College of Law Research Center
  17. 17. BeeDocs Timeline 3D Florida State University College of Law Research Center
  18. 18. QuickTimeª and a H.264 decompressorare needed to see this picture.
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  26. 26. QuickTimeª and a H.264 decompressorare needed to see this picture.
  27. 27. Trail Presentation and Transcipts
  28. 28. Clarity Legal Software• DepoSmart• TrialSmart Florida State University College of Law Research Center
  29. 29. DepoSmart
  30. 30. DepoSmart• Create, delete, and export cases• Import text, RealLegal XML, Livenote• View and Edit 18 transcript fields• Multiple options for viewing deponent video• Increase magnification of transcript testimony• added customized notes to transcripts• Quickly go to specific pages in a transcipt• More.... Florida State University College of Law Research Center
  31. 31. DepoSmart• Allows the managing of transcripts and case exhibits.• Allows annotating of transcripts• Allows users to hyperlink exhibits to pertinent words in a transcript Florida State University College of Law Research Center
  32. 32. TrialSmart - Trial Presentation Software• Dual and single monitor support• Export to mpg format• Tiff, PNG, JPG and BMP support• Filter transcripts while querying• Convenient transcript list containing all the transcripts in 1 case• Create text clips for use in impeachment• Preview and annotate exhibit Florida State University College of Law Research Center
  33. 33. DepoSmart and TrialSmart - Cost
  34. 34. Case Management Software Florida State University College of Law Research Center
  35. 35. Daylight by MarketCircle• Daylite by MarketCircle ( www.marketcircle.com/daylite )• Manages • Contacts • Calendars • Projects • Opportunities • Tasks • Email • iPhone Florida State University College of Law Research Center
  36. 36. Daylight Cost
  37. 37. Case Organization Software• Circus Ponies’ Notebook: www.circusponies.com $49.95 Florida State University College of Law Research Center
  38. 38. Circus Ponies Notebook 3.0• Track your tasks• Manage Clippings into searchable catalogs• De-clutter your desktop• Manage Dos• Store anything and everything• Share• Export Notebooks to PDF Florida State University College of Law Research Center
  39. 39. More Organization Software• Evernote (www.evernote.com) • Remember Everything • Use Evernote to save your ideas, things you see, and things you like. Then find them all on any computer, phone or device you use. For free. Florida State University College of Law Research Center
  40. 40. Florida State University College of Law Research Center
  41. 41. More Law Office Management• Houdini• INSZoom• Liquid Litigation Manager• Omega Legal• Legal Workspace• TopDogLegal• GoMatters• Basecamp• Redi Office
  42. 42. Time and Billing Software Florida State University College of Law Research Center
  43. 43. Billings by MarketCircle$39.95 Florida State University College of Law Research Center
  44. 44. Easy Time• Easy Time - www.brightlightsoftware.com• Manage unlimited clients and matters• Mac based• Multiple invoice templates• ESCROW account• Invoice history• Conflict catcher• $135.00 Florida State University College of Law Research Center
  45. 45. Florida State University College of Law Research Center
  46. 46. RocketMatter• RocketMatter: www.RocketMatter.com $59.99 per month • Web based • Assessable from any computer • time tracking • invoicing • document management • Mobile access Florida State University College of Law Research Center
  47. 47. More Billing• TimesNet Law• Brief Accounting• TimeManager• TimeSlice• Task Time• TimeEqualsMoney• iBiz 4• TimeCache• TimeLog plus Grand Total• Office Time• Small Business Track Plus
  48. 48. Word Processing and Spreadsheets• MacOffice (www.microsoft.com/mac)• OpenOffice (www.openoffice.org )• LibreOffice (www.liberoffice.org)• Apple iWork (www.apple.com/iwork/) Florida State University College of Law Research Center
  49. 49. Virtualization Software• Parallels Desktop for Mac (www.parallels.com) ($79.99)• VMware Fusion (www.vmware.com) ($49.99)• Apples Boot Camp (www.apple.com/bootcamp) Florida State University College of Law Research Center
  50. 50. Boot camp• You can boot into either Mac OS X or Windows• Runs windows at native speed Florida State University College of Law Research Center
  51. 51. Parallels Desktop Florida State University College of Law Research Center
  52. 52. Parallels• Windows and Mac OS X on one desktop• Multiple view modes • Crystal mode - access windows from Mac Dock • Coherence mode - run apps side by side • Window Mode - run windows in a window • Modality Mode - run in transparent windows • Full Screen Mode - run from Windows Desktop Florida State University College of Law Research Center
  53. 53. iPad
  54. 54. iPad• Goodreader• Fastcase• Penultimate• Circus Ponies Notebook• TrialPad• iAnnotate• Keynote• Iworks• LexisNexis
  55. 55. iPad• Westlaw Next• Evernote• DocuSign• Dropbox• Dragon Dictation• Citrix Receiver• Flipboard
  56. 56. The End Florida State University College of Law Research Center

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